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I \ _ 



NORTH CAROLINA 

REGISTER 



VOLUME 11 






jul 3 ms 



KATHRINE R. EVERETT 

ISSUE 7 • Pages 405 - 4 kl0 law library 
July 1, 1996 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



IN THIS ISSUE 

Final Decision Letter 

NPDES Permit 

Agriculture 

Environment, Health, and Natural Resources 

Real Estate Commission 

Transportation 

Rules Review Commission 

Contested Case Decisions 



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NORTH CAROLINA 



IN THIS ISSUE 




I. 



II. 



Volume 1 1 , Issue 7 
Pages 405 - 440 



July 1 , 1 996 



This issue contains documents officially 
filed through June 10, 1996. 



ra. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann HI, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



IN ADDITION 
EHNR, NPDES Permits 
Voting Rights Letter . . 



406 
405 



RULE-MAKING PROCEEDINGS 
Agriculture 

Plant Industry 407 

Environment, Health, and Natural Resources 

Marine Fisheries Commission 407 - 408 

Wildlife Resources Commission 408 

Licensing Board 
Real Estate Commission 408 



PROPOSED RULES 

Environment, Health, and Natural Resources 

Coastal Resources Commission 409 - 412 

Wildlife Resources Commission 412-416 

Transportation 
Motor Vehicles, Division of 416 - 421 



IV. TEMPORARY RULES 

Environment, Health, and Natural Resources 

Health Services 422 

V. RULES REVIEW COMMISSION 423-426 

VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 427 - 433 

Text of Selected Decisions 
95 OSP 0631 434-439 

VH. CUMULATIVE INDEX 1-17 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



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IN ADDITION 



Tiiis Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



U.S. Department of Justice 

Civil Rights Division 

DLP:GS:NT:jdp Voting Section 

DJ 166-012-3 P.O. Box 66128 

96-1788 Washington, D.C. 20035-6128 

96-1926 

96-2017 

96-2095 



June 7, 1996 



Jesse L. Warren, Esq. 

City Attorney 

P.O. Box 3136 

Greensboro, North Carolina 27402-3136 

Dear Mr. Warren: 

This refers to 16 annexations (Ordinance Nos. 95-98, 95-99, 95-102, 95-105, 96-21 through 96-25, 96-28 through 
96-33, and 96-36) and their designation to districts of the City of Greensboro in Guilford County, North Carolina, submitted 
to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submissions 
on April 8, 15, 22, and 25, 1996. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine these submissions 
if additional information that would otherwise require an objection comes to our attention during the remainder of the sixty- 
day review period. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 



Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



for Elizabeth Johnson 
Acting Chief, Voting Section 



U:7 NORTH CAROLINA REGISTER July 1, 1996 405 



IN ADDITION 



STATE OF NORTH CAROLINA 

ENVIRONMENTAL MANAGEMENT COMMISSION 

POST OFFICE BOX 29535 

RALEIGH, NORTH CAROLINA 27626-0535 

PUBLIC NOTICE OF INTENT TO ISSUE STATE GENERAL 
NPDES PERMITS 



Public notice of intent to modify State National Pollutant Discharge Elimination System (NPDES) General Permit 
for Point Source Discharges of Wastewater associated with: 

NPDES No. NCG510000 governing the discharge of remediated petroleum contaminated groundwater. 

On the basis of preliminary staff review and application of Article 21 of Chapter 143 of the General Statutes of 
North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental 
Management Commission proposes to modify the State NPDES General Permit for the discharge as described above. 

INFORMATION: Copies of the draft NPDES General Permit and Fact Sheet concerning the draft Permit are 
available by writing or calling: 

Jeanette Powell 

Water Quality Section 

N.C. Division of Environmental Management 

P.O. Box 29535 

Raleigh, North Carolina 27626-0535 

Telephone (919) 733-5083 ext. 537 

Persons wishing to comment upon or object to the proposed determinations are invited to submit their comments 
in writing to the above address no later than July 31. 1996. All comments received prior to that date will be considered in 
the final determination regarding permit issuance. A public meeting may be held where the Director of the Division of 
Environmental Management finds a significant degree of public interest in any proposed permit issuance. 

The draft Permit, Fact Sheets and other information are on file at the Division of Environmental Management, 512 
N. Salisbury Street. Room 925, Archdale Building, Raleigh. North Carolina. They may be inspected during normal office 
hours. Copies of the information of file are available upon request and payment of the costs of reproduction. All such 
comments and requests regarding these matters should make reference to the draft Permit Number NCG5 10000. 



Date: 6/10/96 



A. Preston Howard. Jr., P.E., Director 
Division of Environmental Management 



\ 



406 NORTH CAROLINA REGISTER July 1, 1996 U: 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The 
agency must publish a notice of the subject matter for public comment at least 60 days prior to publishing the 
proposed text of a rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can 
be found in the Register under the section heading of Temporary Rules. A Rule-making Agenda published by an 
agency serves as rule-making proceedings and can be found in the Register under the section heading of Rule- 
making Agendas. Statutory reference: G.S. 150B-21.2. 



TITLE 2 - DEPARTMENT OF AGRICULTURE 
CHAPTER 48 - PLANT INDUSTRY 

^otice of Rule-making Proceedings is hereby given by 
the North Carolina Plant Conservation Board in 
accordance with G.S. 150B-21.2. The agency shall subse- 
quently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

2 NCAC 48F .0301 - .0302, .0304 - .0306. Other rules 
may be proposed Ln the course of the rule-making process. 

Authority for the rule-making: G.S. 106-202.15 

Statement of the Subject Matter: 2 NCAC 48F .0301; 
.0302; .0304 - Endangered Plant Species List; Threatened 
Plant Species List; Plant Species of Special Concern; scope 
of rules; placing North Carolina native plants on the 
endangered, threatened or special concern lists, changing 
status of species already on the lists. Rules establish the 
status of certain rare plant species. 

2 NCAC 48F.0305 - Collection and Sale of Ginseng; scope 
of rules; permission requirements for collection from the 
lands of another. Rules establish that collector must have 
written permission of public or private landowner. Proposed 
additions would clarify what the collector is required to do 
with the permit. 

2 NCAC 48F .0306 - Collection and Sale of Venus Flytrap; 
scope of rules; permission requirements for collection from 
the lands of another. Rules establish that collector must 
have written permission of public or private landowner. 
Proposed additions would clarify what the collector is 
required to do with the permit. 

Reason for Proposed Action: 2 NCAC 48F .0301; .0302; 
.0304 - To change the status of several native plants already 
on the endangered, threatened or special concern lists for 
which more information has become available. To remove 
certain species and to add several species to the lists 
because of completion of recent studies, and because of the 
recent rediscovery of a species that was thought to have 
been extinct. 

2 NCAC 48F .0305 - To improve protection of owners of 
lands with native ginseng from collection without the 
owner's consent, or from theft of ginseng cultivated by the 
landowner. Existing rules require ginseng diggers to have 



written permission from the landowner. The proposed 
changes would require the collector to have the signed 
permission from the owner on their person while collecting, 
for inspection by wildlife officers. 

2 NCAC 48F .0306 - To improve protection of owners of 
lands with native Venus flytraps from collection without the 
owner's consent, or from theft of flytraps cultivated by the 
landowner. Existing rules require flytrap diggers to have 
written permission from the landowner. The proposed 
changes would require the collector to have the signed 
permission from the owner on their person while collecting, 
for inspection by wildlife officers. 

Comment Procedures: Public hearings on the rule-making 
proceedings will be held at the following times and loca- 
tions: 

July 16, 1996 - 10:00 a.m. 

Agriculture Building 

2 West Edenton Street 

Raleigh, North Carolina 

July 17, 1996- 7:00 p.m. 

Mountain Horticultural Crops Research Station 

(Main Administration Building) 

Fletcher, North Carolina 

July 30, 1996- 7:00 p.m. 
U.S. Department of Agriculture Building 
(Near the airport at 1815 Gardner Drive) 

Wilmington, North Carolina 

Interested persons may present their comments either orally 
or in -writing at the -public hearings. Written comments may 
also be submitted to Cecil Frost, Secretary of the North 
Carolina Plant Conservation Board, PO Box 27647, 
Raleigh, NC 27611 through August 30, 1996. 



TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

CHAPTER 3 - MARINE FISHERIES 

A Jotice of Rule-making Proceedings is hereby given by 
J. V the EHNR - NC Marine Fisheries Commission in 
accordance with G.S. 150B-21.2. The agency shall subse- 
quently publish in the Register the text of the rule(s) it 



11:7 



NORTH CAROLINA REGISTER 



July 1, 1996 



407 



RULE-MAKING PROCEEDINGS 



proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15 A NCAC 3. Other rules may be proposed in the course 
of the rule-making process. 



Authority for the rule-making: 

113-221. 



G.S. 113-134: 113-182; 



Statement of the Subject Matter: spotted seatrout, seines, 
clam rakes, crabs, pound nets, Trawling, mechanical 
clamming, technical changes. 

Reason for Proposed Action: Establish proclamation 
authority for taking spotted seatrout, define a beach seine, 
specify spacing for teeth in clam rakes, modify the tolerance 
for undersize crabs, define peeler to prohibit white line 
peelers certain times of the year, amend headrope size for 
peeler crab trawls, further define non-attendance of crab 
pots, further restrict crab dredging, define a pound net, 
restrict trawling at night in the Atlantic Ocean from Frying 
Pan Shoal to the North Carolina/South Carolina stateline, 
restrict trawling at night in the New River area, increase the 
minimum mesh size for shrimp trawls, further restrict 
mechanical clamming, and technical changes to correct 
misspellings , closures on coordinates describing areas and 
cites in rules. 

Comment Procedures: Written comments may be submitted 
to the Marine Fisheries Commission, PO Box 769, 
Morehead City, NC 28557. Comments will be received 
through August 30, 1996. 

******************* 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

\ Jotice of Rule-making Proceedings is hereby given by 
1 V the NC Wildlife Resources Commission in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish 
in the Resister the text of the rule(s) it proposes to adopt as 
a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 10B .0113, .0115; IOC .0401. Other rules may 
be proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. 113-134; 113-270.3; 
113-272, 1L; 113-276.1; 113-291.1; 113-292; S.L. 1981 ch. 
410; S.L. 1981 (SECOND SESSION) ch. 1180 

Statement of the Subject Matter: 15A NCAC 10B .0113 - 
Big game kill reports. 15A NCAC 10B .0115 - Shining 
lights-deer. 15A NCAC IOC .0401 - Manner of taking 



nongame fishes: purchase and sale. 

Reason for Proposed Action: 15A NCAC 10B .0113 - To 

modify tagging requirements. ISA NCAC 10B .0115 - To 
regulate hunting of deer with shining lights in Hoke county. 
15A NCAC IOC .0401 - Conservation and public health 
concerns. 

Comment Procedures: The record will be open for receipt 
of written comments from July 1, 1996 through September 3 
1996. Such written comments must be delivered or mailec 
to the North Carolina Wildlife Resources Commission, 511 
North Salisbury Street, Raleigh, NC 27604-1188. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 58 - REAL ESTATE COMMISSION 

TV Jotice of Rule-making Proceedings is hereby given tn 
1 V the NC Real Estate Commission in accordance will 
G.S. 150B-21.2. The agency shall subsequently publish u 
the Resister the text of the rule(s) it proposes to adopt as 
result of this notice of rule-making proceedings and an- 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making 
21 NCAC 58A .0100. Other rules may be proposed in th 
course of the rule-making process. 

Authority for the rule-making: G.S. 93A-3(c) 

Statement of the Subject Matter: The Commissio 
proposes to adopt and amend rules in Section .0100 of 2 
NCAC 58A pertaining to the formation, designation an 
disclosure of agency relationships. 



Reason for Proposed Action: To enable a real estate fim 
which represents both the buyer and the seller in the sam 
real estate sales transaction, to designate one or mor 
individual brokers or salesmen associated with the firm t 
represent only the interests of the seller and one or mot 
other individual brokers and salesmen associated with th 
firm to represent only the interests of the buyer in the san 
transaction. 



Comment Procedures: Written comments regarding th 
rules may be sent to or delivered to Mr. Stephen L. Fussel 
c/o North Carolina Real Estate Commission, PO Box 17101 
1313 Navaho Drive, Raleigh, NC 27619-7100 so as to I 
received by August 30, 1996. 



408 



NORTH CAROLINA REGISTER 



July 1, 1996 



11 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a 
Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the 
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment 
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory 
reference: G.S. 150B-21.2. 



TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



Wilmington Regional Office 
127 Cardinal Drive Extension 
Wilmington, NC 28405-3845 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the Coastal Resources Commission 
intends to amend rules cited as 15 A NCAC 7H .0104 and 
.0304. 

Proposed Effective Date: April 1, 1997 

Public Hearings will be conducted at: 

4:00 p.m. 

July 25, 1996 

Carteret County 

Crystal Coast Civic Center, 

3505 Arendell Street 
Morehead City, NC 28557 

7:00 p.m. 

August 5, 1996 

Hyde County 

Swan Quarter Courthouse 

Main Street 
Swan Quarter, NC 27885 

7:00 p.m. 

August 7, 1996 

Onslow County 

Southend Fire Station 

3304 Gray Street 

North Topsail Beach, NC 28460 

7:00 p.m. 

August 7, 1996 

Pender County 

Town of Surf City Town Hall 

214 North New River Drive 

Surf City, NC 28445 

7:00 p.m. 

August 8, 1996 

Brunswick County 

Brunswick County Government Complex 

60 Government Center Drive NE 

Bolivia, NC 28422 

7:00 p.m. 

August 8, 1996 

New Hanover County 



7:00 p.m. 

August 12, 1996 

Currituck County 

Currituck County Satellite Office 

1123 Ocean Trail 

Corolla, NC 27927 

7:00 p.m. 

August 12, 1996 

Dare County 

NC Aquarium - Roanoke Island 

Airport Road 

Manteo, NC 27954 

Reason for Proposed Action: The CRC updates its long 
term average erosion rates every five years to include the 
most up to date coastal erosion data and technology for 
analysis. These rates are used for siting coastal develop- 
ment relative too the baseline of stable vegetation on the 
beaches. The new rates are necessary to include more 
accurate information on coastal erosion and advances in 
analysis technology. 

Comment Procedures: All persons interested in this matter 
are invited to attend the public hearings. The Coastal 
Resources Commission will receive mailed written comments 
postmarked no later than August 23, 1996. Any person 
desiring to present lengthy comments is requested to submit 
a written statement for inclusion in the record of proceedings 
at the public hearing. Additional information concerning the 
hearing or the proposals may be obtained by contacting Kris 
M. Horton, DCM, PO Box 27687, Raleigh, NC 27611-7687, 
(919) 733-2293. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVmONMENTAL CONCERN 



SECTION .0100 



INTRODUCTION AND GENERAL 
COMMENTS 



11:7 



NORTH CAROLINA REGISTER 



July 1, 1996 



409 



PROPOSED RULES 



.0104 DEVELOPMENT INITIATED PRIOR TO 
EFFECTIVE DATE OF REVISIONS 

(ft) Development on lots created after the date of adoption 
of the current erosion rates (January 28, 1994) must comply 
fully with those rates. Development on lots created between 
June lj 1979 and May 23, 1996 must comply with the 
current rates to the maximum extent feasible and have a 
minimum setback equal to the rates in effect at the time the 
lots were created, or, those rates in effect at the time of 
issuance of any active CAMA permit for development on 
those lots, whichever js more restrictive. Development on 
lots created prior to June l± 1979 shall comply with the 
provisions of 15A NCAC 7H .0309fb) and (c). T4ie 
following Ruloo shall b e used to d e t e rmin e wh e ther the 
revisions to guidolinos for dev e lopm e nt in ar e as of environ 
mental concern (hereinafter referred to as revisions), with 
an effective date of Juno 1, 1979, shall apply to a proposed 
developm e nt. 

fl-) In th e case of a d e v e lopm e nt for whioh a CAMA 

permit waa required prior to Juno 1, 1979, the 
revisions shall not bo applicable if a complete and 
sufficient application for a CAMA p e rmit vvao 
filed and acc e pt e d b e fore Juno 1, 1979. — How e v e r 
if the application should lapse or bo denied, 
thereby requiring a now application after Juno 1, 
1979, or if the application is modifi e d or r e newed 
after Juno 1, 1979, th e r e visions shall b e mad e 
applicable. 

(£) In the case of a development for whioh no CAMA 

p e rmit was r e quir e d prior to July 15, 1979, the 
r e visions shall not b e applicable if all legally 
required permits havo boon applied for and ao 
coptod in accordance with the applicable rules of 
th e ag e ncy responsibl e for th e p e rmi t: — Howev e r, 
if th e application should laps e or b e deni e d, 
thereby requiring a now application after July 15, 
1979, or if the application ia modified or renewed 
after July 15, 1979, the revisions shall b e applioa 
bl 



(€} a minor development permit must bo - 



pli e d for and roooivod aooording to th e 



normal minor p e rmit process befor e dovol 



opmont can begin. 



{&) this Rule shall apply only to developmen t 

for whioh a permit application is submitted 



prior to expiration of the major develop 
mont permit issued before Juno 1, 1979. 



f4) In those cases whore any necessary local approval 

was issued for a proposed subdivision dovolop 



m e nt prior to July 15, — 1979, the Division of 



Coastal Management advised the developer in 
writing whore to locate the ocean setback lino for 



th e proposed subdivision, and the proposed subdi 



vision development was rooordod in the county 
registry prior to July 15, 1979, with tho ocean 



setback determined by the Division of Coastal 
Management, — any — new — standards — regarding 



oooanfront setbacks shall apply to th e platted lots 



within tho proposed subdivision only to tho maxi 
mum extent possible without effectively prohibit 



ing the intended use of thos e lots. — In ord e r for 
this Subparagraph to apply, the following oondi 
tions must bo mot: 



fA) tho lot(a) on which tho proposed dovolop 

mont is to b e looated shall havo boon aoou 



ratoly shown on an approved looal plat one 
tho boundaries must not havo boon signifi 



cantly altered; 



fS) tho lot(s) on whioh tho proposed dovolop 

mont io to bo looated shall havo boon suit 



able for tho intended uao according to th( 



AEC guidolinos in effect at tho time th( 
plat was approv e d; and 



fQ a minor d e v e lopment pormit(s) must b i 

applied for and received according to th( 



normal minor permit process before dovol 

opmont oan begin. 

(te) The — oooanfront — s e tbaok — provisions spooifioall) 



(2) In those cases whore a CAMA major permit was applicable — te — tefge — structures, — as — set — forth by Ruli 

issued before Juno 1, 1979, for a major dovolop .0306(a)( 4 ) of this Subchapter, shall apply only to dovolop 



m e nt applications roooivod on or after November 1, 19 8 3 



Furth e r, Rul e .0306(a)(4) of this Subchapter shall only appl 



ing tho intended uao of tho property in tho followin; 



situations: 



(4} tho compl e tion of proj e cts that had roooivod vali 

CAMA permits prior to November — h — 1983 



ment whioh inoludod platted lots, th e n e w stan 

dards shall apply to suoh platted lots only to th e 

maximum extent — possible without effectively to tho maximum extent possible without effectively prohibit 

prohibiting tho intended uao of those lots. In orde r 

for this Subparagraph to apply, th e following 

conditions must b e m e t: 

(A) tho lot on which tho proposed development 

is to bo located shall havo boon accurately 

shown on tho major d e v e lopment per mit 

application and the boundari e s must not 

havo boon significantly altered. 
(B) tho lot on which tho proposed development 

is to b e looat e d shall havo boon suitable for 

tho intended use aooording to tho AEC 

guidolinoo in effect at tho time tho major 

permit was issued. 



provided that permit renewals, modification an 
transf e r roquoota for thooo proj e oto mado puroi m n 



to 15A NCAC 7J .0404, .0405 and .0106 am 



15A NCAC 7E .0105 shall bo considered unde 



tho setback ruloo applicable at tho time of origin * 



permit issuano e , and no ren e wals or extensions o 
pro existing p e rmits shall bo mado beyond th 



expiration period unless either thoro has boo i 
substantial progress on construction or no matont 



410 



NORTH CAROLINA REGISTER 



July 1, 1996 



11: 



PROPOSED RULES 



change La the physical condition!) at the project 
oito (ao io provided by 15A NCAC 7J .0103); and 

(3) tho oomplotion of projeota that w e re outoido of 

CAMA permit juriodiction prior to Novombor 1, 

1983, provided that all other required atato and 

looal pormito had boon applied for in aooordano e 

with tho rules of tho ag e noi e o responsibl e for ouoh 

permits and that tho developer has materially 

changed his or hor position in good faith reliance 

on ouoh d e v e lopment approvals. — In all inotano e o, 

ouoh development must bo oonsistont with all 

other provisions of thi s Subchapter. 

fe-) — In tho case of subdivisions or projects which havo 

r e c e iv e d eith e r all required final or pr e liminary looal 

approvals or a CAMA major development permit prior to 

May 27, 1988, and havo therein mot all applicable CAMA 

setback requirements as of May 27, 198 8 , tho updated 

ooeanfront erosion rates approv e d by th e Commission on 

July 29, 19 88 , and effectiv e on Novemb e r 1, 19 8 8, shall 

only apply to tho maximum extent feasible. — For those 

previously approved lots and projects, tho erosion rate 

existing ao of May 27, 19 88 , shall b e appli e d in d e t e irnining 

minimum oooan front s e tbaoko for purpos e s of subsequent 

approved construction or development prior to tho next 

erosion rate update. 

fd) — R e configuration of lots and proj e cts that have a 
grandfather status under Paragraphs (b) and A of this Rule 
will bo allowed provided that tho following conditions are 

ft) Developm e nt io o e tbaok from th e first lino of 

stabl e natural vegetation a distanc e no l e oo than 
that required by tho applicable exceptions, and 

f2-) Reconfiguration will not result in an increase in 

th e number of buildablo lots within tho Oooan 
Hazard AEC or hav e other advers e environm e ntal 
consequences . 



Authority G.S. 113A-107; 113A-113; 113A-124. 

SECTION .0300 - OCEAN HAZARD AREAS 

.0304 AECs WITHIN OCEAN HAZARD AREAS 

The ocean hazard system of AECs contains all of the 
following areas: 

(1) Ocean Erodible Area. This is the area in which 
there exists a substantial possibility of excessive 
erosion and significant shoreline fluctuation. The 
seaward boundary of this area is the mean low 
water line. The landward extent of this area is 
determined as follows: 

(a) a distance landward from the first line of 
stable natural vegetation to the recession 
line that would be established by multiply- 
ing the long-term annual erosion rate times 
60, provided that, where there has been no 
long-term erosion or the rate is less than 
two feet per year, this distance shall be set 



at 120 feet landward from the first line of 
stable natural vegetation. For the purposes 
of this Rule, the erosion rates shall be 
those set forth in tables maps entitled 
"Long Term Annual Erosion Shoreline 
Change Rates updated through 19 8 6" 1992" 
and approved by the Coastal Resources 
Commission on July 29, 1988 May 23, 
1996 (except as such rates may be varied in 
individual contested cases, declaratory or 
interpretive rulings). The tabl e s maps are 
available without cost from any local per- 
mit officer or the Division of Coastal Man- 
agement; and 
(b) a distance landward from the recession line 
established in Sub-Item (l)(a) of this Rule 
to the recession line that would be gener- 
ated by a storm having a one percent 
chance of being equaled or exceeded in any 
given year. 

(2) The High Hazard Flood Area. This is the area 
subject to high velocity waters (including, but not 
limited to, hurricane wave wash) in a storm 
having a one percent chance of being equaled or 
exceeded in any given year, as identified as zone 
VI -30 on the flood insurance rate maps of the 
Federal Insurance Administration, U.S. Depart- 
ment of Housing and Urban Development. In the 
absence of these rate maps, other available base 
flood elevation data prepared by a federal, state, 
or other source may be used, provided said data 
source is approved by the CRC. 

(3) Inlet Hazard Area. The inlet hazard areas are 
natural-hazard areas that are especially vulnerable 
to erosion, flooding and other adverse effects of 
sand, wind, and water because of their proximity 
to dynamic ocean inlets. This area shall extend 
landward from the mean low water line a distance 
sufficient to encompass that area within which the 
inlet will, based on statistical analysis, migrate, 
and shall consider such factors as previous inlet 
territory, structurally weak areas near the inlet 
(such as an unusually narrow barrier island, an 
unusually long channel feeding the inlet, or an 
overwash area), and external influences such as 
jetties and channelization. The areas identified as 
suggested Inlet Hazard Areas included in the 
report entitled INLET HAZARD AREAS, The 
Final Report and Recommendations to the Coastal 
Resources Commission, 1978, by Loie J. Priddy 
and Rick Carraway are hereby designated as Inlet 
Hazard Areas except that the Cape Fear Inlet 
Hazard as shown on said map shall not extend 
northeast of the Baldhead Island marina entrance 
channel. In all cases, this area shall be an exten- 
sion of the adjacent ocean erodible area and in no 
case shall the width of the inlet hazard area be 



11:7 



NORTH CAROLINA REGISTER 



July 1, 1996 



411 



PROPOSED RULES 



less than the width of the adjacent ocean erodible 
area. 
(4) Unvegetated Beach Area. This is a dynamic area 
that is subject to rapid unpredictable landform 
change from wind and wave action. The areas in 
this category shall be designated following de- 
tailed studies by the Coastal Resources Commis- 
sion. These areas shall be designated on maps 
approved by the Commission and available with- 
out cost from any local permit officer or the 
Division of Coastal Management. 

Authority G.S. U3A-107; 113A-113; U3A-124. 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the NC Wildlife Resources Commission 
intends to amend rule cited as 15 A NCAC 10F . 0307; repeal 
rules cited as 15A NCAC 10G .0102 - .0103, .0202 - .0203, 
.0206, .0302 - .0303; and adopt rules cited as 15 A NCAC 
10G .0401 - .0404, .0501. 

Proposed Effective Date: 15 A NCAC 10F .0307 and 15 A 
NCAC 10G .0501: March 2, 1997; 15 A NCAC 10G .0102 - 
.0103, .0202 - .0203, .0206, .0302 - .0303: March 7, 1997; 
15 A NCAC 10G .0401 - .0404: March 3, 1997. 

A Public Hearing will be conducted for 15 A NCAC 10F 
.0307 and 15 A NCAC 10G .0501 on July 31, 1996; a public 
hearing will be conducted for 15 A NCAC 10G .0102 - 
.0103, .0202 - .0203, .0206, .0302 - .0303, .0401 - .0404 
on July 22, 1996. Both public hearings will be held at 
10:00 a.m. at the Archdale Building, 3rd Floor Conference 
Room, 512 N. Salisbury St., Raleigh, NC 27604. 

Reason for Proposed Action: 

15A NCAC 10F .0307 - To restrict boat speeds in congested 

areas. 

15A NCAC 10G .0102 - .0103, .0202 - .0203, .0206, .0302 

- .0303 - Repeal. 

15A NCAC 10G .0401 - .0404 - Establish requirements for 

duties of Wildlife Service Agents. 

15A NCAC 10G .0501 - To prevent fraudulent use of license 

issued by the WRC. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from July 2, 1996 through August 2, 1996. Such 
written comments must be delivered or mailed to the NC 
Wildlife Resources Commission, 512 N. Salisbury St., 
Raleigh, NC 27604-1188. 

Fiscal Note: These Rules do not affect the expenditures or 
re\enues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 



million dollars ($5,000,000) in a 12-month period. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0307 CATAWBA: IREDELL: LINCOLN 
AND MECKLENBURG COUNTDZS 

(a) Regulated Area. This Rule applies to Lake Normal 
which is located in the counties of Catawba, Iredell, Lincoli 
and Mecklenburg. 

(b) Speed Limit Near Shore Facilities. No person shal 
operate a vessel at greater than no-wake speed within 5( 
yards of any marked boat launching area, bridge, dock 
pier, marina, boat storage structure, or boat service area oi 
the waters of Lake Norman. 

(c) Speed Limit Near Parks: No person shall operate < 
vessel greater than no-wake speed within 50 yards of th< 
following parks as designated by appropriate markers: 

(1) Jetton Park; 

(2) Brown's Cove Park. 

(d) Specific Speed Zones: No person shall operate 



vessel at greater than no-wake speed in the entire area o 
Bluff Point Cove. 

(d) (e) Restricted Swimming Areas. No person operat 
ing or responsible for the operation of a vessel shall permi 
it to enter any marked sw immin g area on the waters of Lak 
Norman. 

(») (f) Placement and Maintenance of Markers. Each c 
the boards of commissioners of the above-named counties 
designated a suitable agency for placement and maintenanc 
of navigational aids and regulatory markers of a genen 
nature on the waters of Lake Norman within the boundarie 
of each respective county. Provided the said countie 
exercise their supervisory responsibility, they may delegat 
the actual process of placement or maintenance of sue 
markers to some other agency, corporation, group 
individual. With regard to marking the restricted zon( 
described above, markers may be placed and maintained b 
the individuals using the protected areas and facilities 
accordance with the Uniform Waterway Marking Syste: 
and supplementary standards as set forth in Rule .0301(g)( 
to (8) of this Section. 

f#) (g) Markers Reflecting County Regulation. Whe; 
any marker conforming or required to conform to tl 
uniform system is placed in or near Lake Norman advisii 
the public of the provisions of any local act or of coun 
ordinances made under the authority of any local act ant 

(1) Such provisions are not within the enforcemei 
jurisdiction of the Commission; and 

(2) The Commission has not passed regulations of < 
identical or closely similar nature to that of tl 



412 



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11 



PROPOSED RULES 



provisions in question, such marker to be deemed 

in conformity with the uniform system must bear 

on it the legend "County Regulation" at such a 

place or at such places as needed to indicate 

which provisions are not enforceable by the 

Commission as a matter of state law. 

fg} £h] Miscellaneous Restrictions. In addition to the 

acts prohibited by Paragraph (f) of Rule .0301 of this 

Section, it is unlawful to commit any such act with respect 

to any marker placed or erected under the authority of 

Chapter 1205 of the 1965 Session Laws of the State of 

North Carolina by any one of the above named counties or 

by them jointly. 

Authority G.S. 75 AS; 75 A- 15; S.L. 1965, c. 1205. 

SUBCHAPTER 10G - DISTRIBUTION AND SALE 

OF HUNTING: FISHING: AND 

TRAPPING LICENSE 

SECTION .0100 - LICENSE AGENTS 

.0102 QUALDJICATIONS OF LICENSE AGENT 

(ft) — New Lioonao Agencies: 



above that covorod by the blanket bond 
doooribod in Paragraph (o) of thio Rulo. 

(3) Eaoh initial appointment ao lioonoo agent in proba 

tionary and is oubjoot to limited lieenao consign 
ment and to close monitoring of p e rformance, 
(b) Lioonoo Storage Faoilitios. — Eaoh licens e ag e nt shall 
b e required to havo oith e r a floor safe of otool construction, 
weighing not loss than 500 pounds and equipped with a 
combination lock, or a wall safe of steel construction 
e quipp e d with a combination look, Licenses and the 



proooodo th e r e from shall b e lookod in thio saf e , p e nding 
deposit in the bank. In lieu of thio requirement, such agent 
shall bo required to assume absolute responsibility for the 
consigned valu e of lioons e o oonoign e d to him, and the 
proooodo thor e of, whioh may b e oom e loot or d e stroyed, 

(o) Bond, The Executive Director shall arrange to have 
eaoh license agent covered by a blanket bond to the extent 
of four thousand dollars ($1,000) or the total n e t valu e of 
lic e ns e s anticipated to bo oonoigned to ouoh ag e nt at any 
tim e , whichever of ouch amounts shall bo the higher, — The 
effective period of ouoh bond shall bo from May 1 to April 
3Q-. — The premium ooot of the bond shall b e paid by th e 
ag e nt. No lio e no e o shall b e oonoigned to any ag e nt until h e 
has bocomo effectively bonded, — The Executive Director 

(4^ Except as provided in Subparagraph (2) of thio ohall havo bond application — forms prepared and mad e 

available to all lio e no e ag e nts, — Th e bond dooo not protect 
the lioonoo ag e nt against fire, theft, or any looo from any 
oauso. 



Paragraph, eaoh applioant for initial appointment 

ao lio e noo ag e nt muot have boon continuously 

engaged in the businooo indicated for at least the 

immedia tely — preceding year in order to havo 

e stablished <i r e oord of fiooal oolvonoy ao indioated 

fey* 

(A) a profit and looo statement which does not 

indicate a looo for the most rocont fiscal 

year; and 
(B) a year end balanc e sh ee t showing curr e nt 

assets of at least one and one half times 

current liabilities, and total assets at loaot 



(d) license Agent's Agreement. — In consideration of the 
privil e ge of s e lling hunting and fiohing lioonooo and of the 
fooo roooiv e d th e refrom, lioenoo agonto ohall bo required to 
execute and acknowledge an agreement with all laws and 
regulations relating to state hunting and fishing license 
ag e nts and will othorwioo oooporato with tho Commission in 
all r e sp e cts. — Tho Executive Director ohall hav e suitable 
forms of this agreement prepared and made available to all 
license agents. 



equal to total liabiliti e o. For th e purpose of (o) Knowl e dg e of Lio e no e R e quir e m e nts. — It is th e duty 

of eaoh lioonoo ag e nt to keep thoroughly informed ao to tho 
laws and regulations relating to tho requirement of licenses 



thio Part — "ourrent — assets" — m e ans — cash, 
inventory and accounts receivable, — and 
"current liabilities" moans accounts duo and 
payabl e . 
(3) Subparagraph (1) of thio Paragraph ohall not apply 

tef 

(A) tho now owner of a business constituting a 

fef mor lioenoo agonoy in good standing 
whioh wao terminated ool e ly by roaoon of 
tho change of ownership; 

(B) an applioant which is an additional branch 

of an e xisting lioonoo agonoy in good otand 
ing; or 

(G) an applicant whoso fiscal solvency and 

financial — responsibility — ts — conclusively 
established to th e satisfaction of tho Exeou 
tivo Dirootor and who provid e o a separate 
bond with corporate surety indomnifyi flg 
tho Commission against any loss over and 



to hunt, trap and fish, — Conciso summaries of such require 
meats are includ e d in th e pamphl e ts containing th e hunting 
and trapping regulations and th e inland fiohing r e gulations 
which are supplied to tho agents at tho beginning of tho 
respective license periods. 

Authority G.S. 113-134; 113-270.1. 

.0103 CHANGE OF OWNERSHIP OR LOCATION 

(a) — Sale or Transfer of Ownorohip, — Tho ag e nt muot 
notify the Commission in writing of th e oalo or tranofor of 
tho ownorohip of tho business which constitutes a lioonoo 
agency. — Such tranofor of ownorohip shall tei minut e -the 
ag e noy. — Tho now own e r of ouoh buoin e oo may mak e 
application for a lioonoo agonoy to fill tho resulting vacancy, 

(fe) — Change in Location, — When tho location of any 
license agonoy is to bo changed, tho agent must notify tho 



11:7 



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July 1, 1996 



413 



PROPOSED RULES 



Commission in writing at least — 10 days prior to auoh 
chang e , — and the agonoy — shall bo terminat e d unless the 
Ex e cutive Director dotermin e o, in hio dioorotion, that the 
public convenience will bo served and that such change will 
not result in an unnecessary concentration of license agon registration, boat registration agents may -bet- 

cioo in the looality to whioh th e looation is to b e mov e d. 
(c) Separat e Looations; Subletting. — Eaoh licens e ag e noy 



.0206 AUTHORITY OF BOAT REGISTRATION 
AGENTS 

When it will aid public convenience and efficiency in bout 



ft) Consigned an allotm e nt of oortifioatea of boot 



number for uoo in issuing numb e rs and throe yoaf 
registrations for previously unnumbered boats. 
(S) Authorized to certify 1 the transfer of ownership of 



boats from on e owner to another and to registor 
boats for a three year p e riod in the now owner's 



(3} Authorized to renew registrations for boat owner s 



wh e n a renewal notice or boat registration card 



shall be limited to the location indicated on the application. 
Separate locations shall bo deemed separate license agencies. 

e ach — requiring a s e parat e application and bond. It is 

unlawful for any license ag e nt to sublet any part of hio 
agency to another person or firm or to any location other 
than that to which his bond applies. 

Authority G.S. 113-134; 113-270.1. 

SECTION .0200 - BOAT REGISTRATION AGENTS 

.0202 QUALIFICATIONS OF AGENTS 

(a) Generally. — All of tho provisions of Rule .0102(a) of 
this Subchapter relating to tho general qualifications for .0302 QUALIFICATIONS OF AGENTS 

appointment of new lioense agents apply with r e op e ot to th e 
qualifications of applicants for appointment as boat registra 
tion agents. 



presented. 



Authority G.S. 75A-3; 75A-5. 



SECTION .0300 - FUR TAG AGENTS 



(a) G e nerally. All of th e provisions of Rul e .0102(a) o 
this Subohaptor relating to tho gen e ral qualifications fo; 



appointment of now license agents apply with respect to th( 
fb) — Storage Facilities. — Each boat registration agent is qualifications of applicants — for appointment as fur tog 



ag e nts. 



(b) Storage Facilities. — Eaoh fur tag ag e nt is required t( 



V u ) uiui oko E ut.jiiiiv;j. tsava u\jm ii^guii uuuu (Rem ra 

r e quir e d to hav e a safe of th e typo doooribod in Rul e 

.0102(b) of this Subchapter or to assume absolut e r e sponoi _ 

bility for tho face value of validation docals consigned to havo a safe of tho typo described in Rulo .0102(b) of thi 

him. and tho monetary proceeds thereof, which may become Subchapter op to assume absolute responsibility for tho gros i 

lost or destroy e d for any r e ason whatsoever. value of unsold fur tags consign e d to him, and th e no 



fe) — Bond. — Eaoh ag e nt shall b e bonded in tho sam e monetary proooods of tag sal e s, whioh may b e loot o 



destroyed by any cause whatsoever. 



(e) — Bond. — Each agent shall bo bonded in tho sami 



manner as provided in Rulo .0102(c) of this Subchapter. 

The performance of boat registration agents who are also 

lic e ns e ag e nts may b e oov e r e d by th e lioenoo agent bond. mann e r as provided in Rul e .0102(o) of this Subchapt e r 

Oth e rwis e , th e y must b e bond e d in tho amount of two 

thousand dollars ($2,000) which may also cover their 

performance as fur tag agents. 



Tho porformanoe of fur tag agents who or e also lioono i 



agents may be covered by tho license agent bond. — Other 
wise, they must bo bonded in tho amount of $2,000 whicl 



(d) Agent's Agreement. — Eaoh ag e nt is r e quir e d annually may also oov e r th e ir p e rformanc e as boat rogiatratioi 



to e x e oute an agre e ment to comply faithfully with th e laws, 
regulations and administrative directives relating to boat 



agents. 



registration. 

( e ) Knowl e dg e of Boat R e gistration R e quirem e nts, 
th e duty of e aoh boat registration agent to koop thoroug hly of fur tags, 
informed as to tho laws and regulations relating to boat 
registration. 

Authority G.S. 75A-3; 75A-5. 

.0203 CHANGE OF OWNERSHIP OR LOCATION 

All of th e provisions of Rulo .0103 of this Subohapt e r 
r e lating to ohangos in ownership or looation of license 
agencies apply with equal force to boat registration agencies, 
and it is unlawful for an agont to sublet any part of tho 



(d) Agent's Agreement. Eaoh agent is required annuall 
to execute an agreement to comply faithfully with tho laws 



It is regulations and administrativ e dir e ctiv e s r e lating to the sal 



(o) Knowledge of Fur Tagging Requirements. — It ia th< 



duty of each fur tag agont to koop thoroughly informed a 
to the laws and regulations relating to th e tagging of fun 



inoluding all of the rul e s contain e d in this S e ction and tho s 
contained in 15A NCAC 10B .0400. 

Authority G.S. 113-143; 113-273; 113-276.1; 113-291. 
113-291.3; 113-305. 



.0303 CHANGE OF OWNERSHIP OR LOCATIOI 



agonoy to anoth e r p e rson or to a looation othor than that to All of th e provisions of Rule .0103 of this Subohapte 

whioh his bond applies. 

Authority G.S. 75A-3; 75A-5. 



relating to ohangos in own e rship or looation of lioono 
agencies apply with equal force to fur tag agencies, and - 



is unlawful for any agont to sublet any part of tho agency t 



414 



NORTH CAROLINA REGISTER 



July I, 1996 



11, 



PROPOSED RULES 



another poroon or to a location other than that to which his 



Authority G.S. 113-134; 113-273; 113-276.1. 
SECTION .0400 - WILDLIFE SERVICE AGENTS 

.0401 PURPOSE OF WILDLIFE SERVICE AGENTS 

Wildlife Service Agents are official agents of the North 
Carolina Wildlife Resources Commission who are appointed 
by. the agency and thereby authorized to issue hunting and 
fishing licenses, permits, and tags; sell subscriptions to 
Wildlife in North Carolina; issue certificates of vessel 
number and decals; renew vessel registrations; and transfer 
ownership of vessels. The purpose of Wildlife Service 
Agents is to provide efficient and convenient outlets across 
the State for the distribution of licenses, permits, tags, 
certificates of vessel number, vessel decals. and other items 
desired by or necessary to the public for participation in 
activities regulated by the Commission. 

Authority G.S. 113-134; 113-270.1. 

.0402 APPOINTMENT OF WILDLDJE SERVICE 
AGENTS 

Any business operating from a fixed location in North 
Carolina may apply to the Executive Director of the Wildlife 
Resources Commission on a form provided for appointment 
as a Wildlife Service Agent. The applicant must completely 
and accurately furnish all information requested in the 
application. An applicant may be appointed as a Wildlife 
Service Agent, if the information provided on the applica- 
tion and by any further investigation that may be made, 
provides clear evidence, convincing to the Executive 
Director, that the applicant pledges to comply with all 
requirements and meets all standards and qualifications 
applicable to Wildlife Service Agents. In order to ensure 
security of State funds to be collected by Wildlife Service 
Agents and to determine the qualification of the applicant in 
the field of business, the Executive Director may require 
that applicants have a minimum of one year's experience in 
operating the business for which the application is made or 
some other comparable business experience. Applicants 
may also be required to submit financial statements of the 
business so that the solvency of the business can be judged. 
Every initial appointment as a Wildlife Service Agent is 
probationary for the first year and new agents are subject to 
close monitoring of their performance. 

Authority G.S. 113-134; 113-270.1. 

.0403 WILDLIFE SERVICE AGENT AGREEMENT 

In consideration of appointment as a Wildlife Service 
Agent and the fees received therefrom, each Wildlife 
Service Agent shall annually execute an Agreement with the 
Commission acknowledging that the agency shall be oper- 
ated in compliance with all laws, rules, and administrative 



directives related to the sale of licenses and the registration 
of vessels. Furthermore, the agency shall be operated as a 
public convenience; and, to that end, the agent agrees to 
serve the public in an efficient and helpful manner with all 
reasonable requests for assistance whenever open for 
business. It shall be the duty of the agent to be thoroughly 
informed and knowledgeable of the laws and rules governing 
requirements for licenses and vessel transactions and to stay 
abreast of changes in these requirements so that the agent 
can provide accurate and reliable information and instruction 
to persons who seek assistance in these matters. Unless 
otherwise specifically provided in the Agreement, the 
appointment as a Wildlife Service Agent and the Agreement 
under which the appointment is made is singularly valid for 
the person named thereon who is authorized to act on behalf 
of the business and applies only to the business and location 
named. If the manager, location, or ownership of the 
business changes, then the Agreement becomes null and 
void and, if the agency is to remain operational, it must be 
amended to reflect the changes. Notice of any change in 
management, location, or ownership must be sent to the 
Commission at least 10 days prior to the change to allow 
time to issue a new or amended Agreement, provided the 
new conditions of the agency conform to all requirements 
for appointment. 

Authority G.S. 113-134; 113-270.1. 

.0404 CUSTOMER SUPPORT SYSTEM 

(a) Equipment. Each Wildlife Service Agent will be 
equipped with a transaction terminal, which is a network 
computer linked to the Commission's central data base by 
telephone lines. Using the transaction terminal, the agent 
can issue licenses, permits, tags, vessel registrations and 
decals. magazine subscriptions, and other items. The record 
of issuance of each item will be automatically transmitted by 
the terminal to the Commission overnight via toll-free 
telephone connection. The Commission will communicate 
information and instructions about individual agent accounts 
and messages of general interest to all agents via the 
transaction terminal. Agents will also be provided two 
printers: one to print receipts and messages and the other to 
print licenses, permits, tags, decals, registrations, and other 
items. All necessary training, trouble-shooting, mainte- 
nance, equipment replacements, materials and supplies will 
be furnished by the Commission. Toll-free telephone 
service to link transaction terminals to the system's central 
data base will be supplied by the Commission. 

fb} Cost to the Wildlife Service Agent. Wildlife Service 
Agents applying for appointment prior to July Jj. 1997, will 
not be charged any initial, subsequent, or periodic cost for 
the delivery, installation, training, operation, or maintenance 
of the Customer Support System. Agents applying after 
July lj 1997. will be assessed a monthly fee to cover the 
cost of acquisition, installation, operation and maintenance 
of the equipment and the cost of supplies and materials to 
operate the Customer Support System. If the Commission 



11:7 



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July 1, 1996 



415 



PROPOSED RULES 



determines that an Wildlife Service Agent ig necessary to 
serve the public interest in a particular area due to remote- 
ness from other agents, heavy demand for licenses or vessel 
registrations, or some other pertinent factor and no business 
in the area will apply, \i may waive the fee as an incentive 
to encourage an application. 

(c) Bond. Wildlife Service Agents shall be covered 
under an annual blanket security bond in the amount of two 
thousand five hundred dollars ($2.500) to secure the State's 
investment in equipment provided to agents to operate the 
Customer Support System in the event of loss, damage, or 
destruction of the equipment due to negligence on the part 
of an agent. The Commission may relieve an agent from 
liability for loss or damage to equipment if the loss is 
bevond the control of the agent and not due to negligence by 
the agent. The Commission shall obtain the blanket security 
bond in the name of all active Wildlife Service Agents in 
July of each year and divide the cost of the bond equally 
among agents. 

Authority G.S. 113-134; 113-270.1. 

SECTION .0500 - LICENSEE REQUIREMENTS 

.0501 LICENSEE REQUIREMENTS 

In order to show entitlement to licenses issued by the 
Wildlife Resources Commission, persons exercising the 
privilege of any license shall carry and show to any Wildlife 
Enforcement Officer upon request a picture identification 
card which includes the holder's correct name, address, and own v e hioleo for tho purpooo of loaning gam e , ohall apply tc 



amendment are technical and necessitated by recodification 
of this Section. Other amendments are necessitated b\ 
changes in the Interstate Commerce Commission 's required 
documentation. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rules by mailing the 
comments to Emily Lee, Department of Transportation , PO 
Box 25201, Raleigh, NC 27611, within 30 days after the 
proposed rules are published. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 3 - DIVISION OF MOTOR VEHICLES 

SUBCHAPTER 3E - INTERNATIONAL 
REGISTRATION PLAN (IRP) SECTION 

SECTION .0500 - SAFETY RULES AND 
REGULATIONS 

.0501 CERTDTICATE: VEHICLE 
IDENTDJICATION: ETC 

ffr) — A oani e r whioh propos e s to limit its intraotato foi 



hiro operations to commoditioa and services or passenger: 
which ore exempt under G.S. 62 260, or which proposes t( 



date of birth. The North Carolina Driver's License or the th e Divioion in writing, on forma furnish e d by th e Division 

North Carolina Picture ID Card issued by the North and obtain a certificate of exemption. 

Carolina Division of Motor Vehicles is one type of identify fb) — A certificate of exemption for tho transportation o 

cation card that is acceptable for the purposes of this Rule. prop e rty may also bo authorized by th e Utiliti e s Commiooioi 



Authority G.S. 113-134; 113-270.1. 



under G.S. 62 261(6) upon its own motion, or upon motioi 
of any motor carrier or any other party in interest. — Saei 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Transportation - Division of Motor Vehicles intends to 
amend rules cited as 19 A NCAC 3E .0501 - .0502, .0510 - 
.0515, .0518- .0519, .0522. 

Proposed Effective Date: April 30, 1997 

Instructions on How to Demand a Public Hearing (must 
be requested in writing within 15 days of notice): A demand 
for a public hearing must be made in writing and mailed to 
Emily Lee, Department of Transportation, PO Box 25201, 
Raleigh, NC 27611. The demand must be received within 
15 days of this Notice. 

Reason for Proposed Action: Most of the proposed 



motion shall fully and clearly state conditions existing whiol 
warrant exemptions from rul e s and shall d e ooribo tho kin< 



of prop e rty to bo haul e d and th e t e rritory to bo served. / 



certificate of exemption under this Paragraph will bo issu e * 



only after a careful investigation by tho Utilities Comm ts 

(©) (a) Passengers, fire-fighting equipment, medical ani 
hospital supplies, food, feed, clothing, and other article 
necessary for immediate relief of or direct prevention o 
fires, sickness, accident, storm, flood, or similar catastro 
phes, may be transported by any person in any availabli 
vehicle without notice to or authority from the Utilitie 
Commission or the Motor Carrier Regulatory Unit upoi 
issuance of an executive order from the Governor. 

(d) No e x e mption oortifioato ohall be issuod oxoopt fo 



purposes as designated in Paragraphs (a) and (b) of th i 
Rul o 



(b) A certificate of exemption may be oanooll e 
canceled upon notice to the holder without hearing for an 
one or more of the following causes: 

(1) for failure to mark for hire vehicles as require 



416 



NORTH CAROLINA REGISTER 



July I, 1996 



11 



PROPOSED RULES 



by Paragraph ff> (c) of this Rule; 

(2) for the transportation of passengers or property 
not exempt from rules; 

(3) for refusal to permit the Division's inspectors, 
upon demand and display of proper credentials, to 
make examination of loaded trucks, the property 
being transported, and all books, records, and 
accounts relating to the transportation of property 
for hire; 

(4-) when it ehall bo d e t e rmin e d by th e Division that 

a oortifioato of ex e mption was obtain e d sol e ly for 
purposoo other than those enumerated in Para 
graphs (a) and (b) of this Rule; 
(54(4) for failure of exempt for hire passenger carriers 
to keep on file with the Division proper evidence 
of insurance as required by the Utilities Commis- 
sion; 
(6)(5) for failure of exempt for hire passenger or prop- 
erty carriers to comply with the safety rules of the 
Division. 
f£) £c} Every vehicle operated under a certificate of 
exemption shall have printed on both sides thereof, in letters 
and figures not less than three inches high, the owner's 
name, or trade name, address, and certificate number unless 
such vehicle is under permanent lease in which case only the 
certificate number of the lessor will appear. In case of a 
tractor-trailer unit, the marking must be on the tractor. 

(g) (d) The lease of equipment with driver for use in 
private transportation of property is prohibited unless the 
following requirements are met: 

(1) the leased equipment must be exclusively commit- 
ted to the lessee's use for the term of the lease; 

(2) the lessee must have exclusive dominion and 
control over the transportation service during the 
term of the lease; 

(3) the lessee must maintain liability insurance for 
any injury caused in the course of performing the 
transportation service; 

(4) the lessee must be responsible for compliance 
with safety rules; 

(5) the lessee must bear the risk of damage to cargo; 
and 

(6) the term of the lease must be for a minimum 
period of 30 days. 

(b) £e) Any person operating under a certificate of 
exemption using a leased or rented vehicle shall have the 
vehicle properly marked or placarded on both sides in letters 
and figures not less than three inches high, the lessee's 
name or trade name, address and certificate number. 

Authority G.S. 20-378. 

.0502 PURCHASE OF FOR HIRE LICENSE TAGS 



(d) A oortifioato of exemption for the transportation of 
property issued ao provid e d in Rulo .0 8 03 oonotitutoo 
approval by the Division of th e purohaoo of for hire tags for 
vehicles owned by and registered in the name of tho party 
to whom such certificate of oxomption is issued. — The 
e e rtifioate of ex e mption must b e prooontod to tho Division of 
Motor V e hiol e o or its authoriz e d agonto when purchasing for 
hire tags. 

fe-) A certificate of exemption for the transportation of 
passengers issued as provided in Rulo .0803 Rule .0501 of 
this Section does not in itself constitute approval by the 
Division of the purchase of for hire tags for vehicles owned 
by the person to whom such certificate is issued. For hire 
tags may only be purchased by holders of exemption 
certificates for the transportation of passengers who are in 
full compliance with the insurance and safety rules of the 
Division. Vehicles of such carriers must be registered with 
the Division as required by Rulo .0 8 09 Rule .0507 of this 
Section and upon carrier's compliance with said insurance 
and safety rules, said vehicles will be approved by the 
Division of Motor Vehicles so that tags may be purchased, 
but not before. 

Authority G.S. 20-86; 20-86.1; 20-378. 

.0510 INTERSTATE CARRIERS/REGISTRATION 
OF CERTIFICATES: PERMITS 

(a) Any motor carrier operating into, from, within, or 
through the State of North Carolina under authority issued 
by the Interstate Commerce Commission shall file with the 
North Carolina Division of Motor Vehicles and maintain a 
current record of such authority permitting operations within 
the borders of this state and such motor carrier shall not 
exercise such authority unless and until there shall have been 
filed with and approved by the Division an application for 
the registration of such authority and there shall have been 
compliance with all other requirements of Rulo .0812 
through Rule .0 8 17, Rules .0510 through .0515 of this 
Section, provided, however, that such motor carrier shall 
only be required to file with the Division that portion of its 
authority permitting operations within the borders of this 
state, and providing further that such motor carrier shall not 
be required to file with the Division emergency or tempo- 
rary operating authority having a duration of 30 consecutive 
days or less, if such carrier has registered its authority and 
identified its vehicles under the provisions of Rulo .0 8 13 
and Rulo .0 8 H, Rules .0511 through .0514 of this Section, 
and furnished to tho Division a telegram or other written 
communication describing such emergency or temporary 
operating authority and stating that op e ration thereund e r 
shall be in full accord with the requirements of Rulo .0 8 12 
through Rulo .0 8 17. Rules .0510 through .0515 of this 
Section. 



(a} — A "for hire lioonoo tag" is a tag purchas e d by a (b) — If a motor oarrior folio to r e gist e r and identify its 



r e gistrant hauling oommoditioo for compensation with an 
exemption certificate within tho borders of North Carolina, 
pursuant to tho requirements of G.S. 20 8 6. 



v e hiol e o and drivoaway operations with the Division und e r 
tho provisions of Rulo .0 8 13 and Rulo .0 8 14 for thre e 
consecutive years, tho Division shall cancel tho motor 



11:7 



NORTH CAROLINA REGISTER 



July 1, 1996 



417 



PROPOSED RULES 



duly oomplotod and executed by an official of tho motor 



carrier's regi s tration of ICC operating authority under those 
Rules upon 30 days' notice to the carrier at its loot known 
address, and th e carri e r ohall not ther e aft e r exorcis e ito ICC in anoth e r juriodiotion whioh oxt e ndo rooiprooity to vehiolo & 



oarrior. — Provided, that vehioles of suoh oarri e rt i domioilad 



authority within the borders of this state unless it shall have or camera domiciled in North Carolina, pursuant to th e 

again registered such authority as prescribed by tho provi general — reciprocal — agree ments — heretofore — ef — hereafter 
sions of Rule .0812 through Rule .0817. 

Authority G.S. 20-378. 



e nt e r e d into with tho North Carolina Commiopionor of 



Motor Vohioloo under Articl e 1A of Chapter 20 of tho 



General Statutes, shall bo exempt from the payment of 



.0511 REGISTRATION OF INTERSTATE 
AUTHORITY 



registration fees required in this Paragraph to the same 
e xt e nt an ouoh juriodiotion exempts v e hicles of carriers 



domioilod in North Carolina from annual interstate publi e 



(a) The application for tho registration with tho Division utilities vehicle registration fcoa similar to tho fee required 
of interstate authority permitting operations within the in this Paragraph. 
borders of this state shall bo in tho form set forth in Form (b) On or boforo tho 3 lot day of January of eaoh calendar 



A availabl e from the Motor Carrier Safety Unit. — The year but not earlier than th e preceding first day of October, 
application shall bo filed in duplicate, tho original of which each motor carrier shall apply to tho National Association of 



for ugo in eonn e otion with tho registration and id e ntification 



of tho vehicle or vehicles whioh it intends to operate within 
tho borders of this stato during tho ensuing year. — Cab cards 



shall b e in tho form oot forth in Form D available from 



must have a copy of the ICC operating authority attached. Regulatory Utility Commissioners for the issuance of and 
The application shall b e aooompanied by a foe in tho amount obtain a ouffioi e nt oupply of uniform id e ntification cab cards 
of tw e nty five dollars ($25.00). 

(a) The application for the registration of Interstate 
authority permitting operations within the borders of this 
state shall be set forth in the RS-1 and RS-2 application 
available from the Motor Carrier Regulatory Unit. The 
applications shall be filed with a copy of the ICC authority, 
BOC-3 (Process Agent Blanket Listing), a BMC91 (Uniform 
Motor Carrier Bodily Injury and Property Damage Certifi- 
cate of Insurance) or BMC91X (Motor Carrier Automobile 
Bodily Injury Liability and Property Damage Liability), and 
appropriate fees for the state of travel. 



NARUC, 



(e) — Tho identification stamp shall bo in tho shape of a 
square and shall not exceed one inch in diameter and ouch 



stamp ohall b e ar an e xpiration dat e of tho first day of 



February in th e ouooooding cal e ndar y e ar. 

(d) Tho registration and identification of vehioles and the 



identification stamp evidencing same and tho cab card 
fb) Applications — for tho — r e gistration of ouboequont prepared shall become void on tho first day of Februa fy- 



th e ouoooeding oalondar y e ar unless ouoh registration 



terminated prior thereto. — North Carolina identification 



F e bruary in th e ouooooding oalondar yoar. See G.S. 20 3 8 5 

(a) The motor carrier shall keep a copy of the RS-2 

registration receipt in each of its for-hire motor vehicles 



The motor carrier may transfer the receipt from one for-hire 



am e ndm e nts to ICC authority permitting op e rations withi a 

tho borders of this state shall bo filed in tho manner do 

scribed in Paragraph (a) and shall bo accompanied by a fee stamps shall boar an expiration date of tho first day o 

in th e amount of five dollars ($5.00). 

fb) Application for the registration of added vehicles and 
states should be applied on the RS-2 supplemental applica- 
tion accompanied by the appropriate fees for each state of 
travel. 

Authority G.S. 20-378. 

.0512 SINGLE STATE REGISTRATION 

(a) On or bofore th e 3 lot day of January of eaoh ool e ndar 
year but not earlier than tho preceding first day of October, 
interstate motor carriers shall apply to tho Division for tho 
issuance of an id e ntification stamp or stamps for th e 
registration and identification of th e v e hiolo or vehicl e s 
which it intends to operate within tho borders of this stato 
during tho ensuing year. — Such application shall bo acoompa 
nied by a filing f ee in tho amount of on e dollar ($1.00) for 
eaoh idontifioation stamp appli e d for. — Applications for 
annual — rorogiotration — of such — motor vehicles — shall — be 
accompanied by a filing foo in the amount of one dollar 
($1.00) for e aoh idontifioation otamp applied for. — The 
application for th e issuance of ouoh idontifioation otampo 
shall bo in the f o rm sot forth in Form B available from the 
Motor Carrier Regulatory Unit and each application shall bo 



motor vehicle to another as long as the total number of for- 
hire motor vehicles operated in any jurisdiction and in al 
jurisdictions does not exceed the number stated on thj 
receipt. 

fb) The RS-3 registration receipt shall become void oi 
the last day of December in the calendar year. The moto: 
carrier must file for a new receipt annually. 

Authority G.S. 20-378. 



.0513 EVIDENCE OF LIABILITY SECURITY 

(a) All interstate motor carriers shall keep in force at al 
times public liability and property damage insurance ii 
amounts not less than the minimum limits prescribed by thi 
U.S. Department of Transportation or Interstate Commera 
Commission. Tho polioy shall havo attached thereto oi 



e ndors e m e nt (Form F. Uniform Motor Carrier Bodily Injur 



and Prop e rty Damage liability Inouranoo Endorsement) am 
as evidence of such insurance, there There shall be filei 
with the Division a Form E (Uniform Motor Carrier Bodil; 



418 



NORT" CAROLINA REGISTER 



July 1, 1996 



11: 



PROPOSED RULES 



Injury and Property Damage Liability Certificate of Insur- 
ance) as set forth in these Rules. A BMC91 (Uniform 
Motor Carrier Bodily Injury and Property Damage Certifi- 
cate of Insurance) or a BMC91X (Motor Carrier Automo- 
bile Bodily Injury Liability and Property Damage Liability) 
shall be filed with the Division if a motor carrier has 
authority from the Interstate Commerce Commission. 

(b) Notice of cancellation of insurance shall be given to 
the Division by the insurer, insurer by filing Form K 



expiration date shall not exceed the expiration date of tho 
l e aoo. — The appropriate expiration dato ohall b e e ntorod in 
th e spaoo provided b e low the oortifioat e . — Suoh e xpiration 
date ohall bo within a period of 15 months from tho date of 
any identification stamp or number placed on tho baok 
thereof. — How e v e r, in th e case of a v e hicl e l e ased by tho 
motor oarri e r for 29 oonseoutivo days' duration or loon, the 
carrier may reuse tho cab card for tho same vehicle when 
subsequently leased for 29 oonsocutivo days' duration or 

(Uniform Notic e of Cancellation of Motor Carrier Inaurano e loso, if it enters in tho upper loft hand corn e r of th e front of 

Policies). The BMC35 (Notice of Cancellation of Motor 

Carrier Insurance) shall be filed to cancel the BMC91 or 

BMC91X. 
(c) Such motor carriers who have been permitted to post 

bond in lieu of insurance or who have qualified as 

self- insurers, under the rules and regulations of the Inter- 
state Commerce Commission, shall not engage in interstate 

commerce within the borders of this state unless and until 

such carriers have filed surety bonds (Form G, Uniform 

Motor Carrier Bodily Injury and Property Damage Liability 

Surety Bond) which have been accepted by the Division or 

a true and legible copy of the currently effective ICC order 

authorizing such motor carrier to self-insure under the 

provisions of the Interstate Commerce Act. Notice of 

cancellation of surety bonds shall be given to the Division 

by filing Form L (Uniform Notice of Cancellation of Motor 

Carrier Surety Bond). 



(d) — No such policy or bond shall bo acceptable unless 
issued by an admitted company or a surplus linos company 



th e cab card th e figur e and words "29 day l e as e or less" and 
if it enters an expiration dato in tho spaco provided bolow 
tho ccrtificato which shall bo within a period of 15 months 
from th e dato th e oab card io oxoouted and ohall not bo later 
in tim e than tho expiration dat e of any identification stamp 
or number placed on tho back thereof. 

(c) Tho cab card ohall be maintained in tho cab of such 
v e hicl e for which prepared wh e n e v e r th e v e hicl e io operated 
under tho authority of th e oarri e r id e ntifi e d in th e oab oard. 

(d) — A cab card shall upon demand bo prosontod by tho 
driver to any authorized agent or roprooontativo of tho North 
Carolina Division of Motor Vohiol e o. 

( e ) Eaoh motor oarrier ohall d e stroy a oab oard imm e di 
ately upon its expiration oxcopt as otherwise provided in the 
proviso to Paragraph (f) of this Rule. 

(f) A motor oarri e r p e rman e ntly discontinuing th e us e of 
a vohiolo, for which a oab oard hao boon pr e par e d, shall 
nullify' tho cab card at tho timo of such discontinuance: 
Provided, howovor, that if such discontinuance results from 



ao permitted in G.S. 58 16 1 and 5 8 21 20. — Provid e d, if th e d e struction, looo or transf e r of own e rship of a v e hiol e owned 



motor carri e r is not register e d in this stat e and tho inouranoo 
company or 3uroty company is a non admitted company, tho 



by suoh oarri e r, or r e sults from d e otruotion or loss of a 
vohiolo operated by such carrier under a loaoo of 30 conscc 



company ohall oxocuto a power of attorney authorizing tho utivo days or moro and suoh oarriof provides a newly 



commissioner to aooopt oorvioo on its behalf of notioo or 
prooooo in any aotion upon tho polioy or bond arioing out of 



aoquirod vehiol e in substitution thereof within 30 days of tho 
dat e of ouoh discontinuanc e , eaoh identification otamp and 



an accident involving tho motor carrier in this state. number placed on tho cab card prepared for such discontin 



Further, tho company must bo qualified in tho state whore 
th e motor carrier io r e gist e r e d. 

(d) A BMC91 or BMC91X shall not be accepted unless 
it is issued by an insurance company authorized by the 
Interstate Commerce Commission. 

Authority G.S. 20-378. 

.0514 ISSUANCE OF REGISTRATION RECEIPT 

(a) Identification otampo will not bo issued until a motor 
oarrier io in full oompliano e with all of th e provisions of 
Rulo .0 8 12 through Rul e .0817. 

(¥) — Prior to operating a vehicle within tho borders of 
North Carolina, th e motor oarrier ohall plaoo one of ouoh 
identification otampo on th e baok of th e oab oard in tho 
square bearing tho name of this state in suoh manner that tho 
same cannot bo removed without defacing it. — Tho motor 
oarrier ohall th e reupon duly complet e and execute tho form 
of oortifioate printed on tho front of tho oab oard so as to 
identify itsolf and ouch vohiolo, or drivoaway operation and, 
in tho case of a vohiolo loosed by tho motor carrier, such 



uod vehicle, if 3uch card i3 still in tho possession of tho 
oarri e r, may b e transf e rr e d to th e substitute v e hiol e by 
oompliano e with following proo e dur e : 

(+) Each motor carrier — sfeaH — duly complete — aad 

oxocuto tho f u i ' in of certificate printed on tho front 
of a n e w cab oard, so as to identify' itself and tho 
substitute vohiolo and ohall e nt e r th e appropriat e 
expiration date in tho spaco provided below ouch 
certificate; 

(3) Eaoh motor oarri e r shall indicat e tho dat e it 

terminat e d us e of the diooontinuod vehiol e by 
entering same in tho spaoo provided for an early 
expiration dato which appears bolow tho certificate 
of th e cab oard prepared for ouoh vohiol e ; 

(3) Eaoh motor oarrier shall affix tho oab oard pr e^ 

pared fo r tho substitute vohiolo to tho front of tho 
cab card prepared for tho discontinued vohiolo, by 
p e rmanently attaching th e upp e r l e ft hand oorn e rs 
of both cards and, th e r e upon, e aoh identification 
stamp or number appearing on tho back of tho 
card prepared for tho discontinued vohiolo shall bo 



11:7 



NORTH CAROLINA REGISTER 



July 1, 1996 



419 



PROPOSED RULES 



deemed to apply 10 the operation of the substitute 

vehicl e . 
(g) If a cab card is loot, d e stroy e d, mutilated, or bocomoa 
illegible, a new cab card may be prepared and now identifi 
cation stamp issued therefore upon application by the motor 
earn e r and upon payment of the oamo fee proscrib e d for th e 
original issuance ther e of. 

(a) The RS-3 Registration Receipt shall not be issued 
until a motor carrier is in full compliance with all the 
provisions of Rules .0510 through .0517 of this Section. 

(b) Prior to operating a vehicle within the borders of 
North Carolina, the motor carrier shall place a copy of the 
RS-3 registration receipt in each vehicle for which fees have 
been paid. 

(c) A copy of the RS-3 registration receipt, upon request. 
shall be presented bv the driver to any authorized agent or 
representative of the North Carolina Division of Motor 
Vehicles. 

(d) The original RS-3 registration receipt must be 
retained bv the motor carrier at its principal place of 
business for a period of three years. The motor carrier 
shall replace all expired copies of the RS-3 registration 
receipt with updated receipts each year. 

Authority G.S. 20-378. 

.0515 DESIGNATION OF PROCESS AGENT 

No motor carrier shall engage in interstate commerce 
within the borders of the State of North Carolina unless and 
until there shall have been filed with and accepted by the 
Division a currently effective designation of a local agent 
for service of process. Each carrier shall file such designa- 
tion by showing the name and address of such agent on the 
uniform application for registration of interstate operating 
authority as set forth in Form A available from the Motor 
Carrier Regulatory Unit or by furnishing the Division with 
a true copy of the designation of such agent filed with the 
Interstate Commerce Commission. 

When a motor carrier is registering to operate under the 
Single State Registration Program a designation of process 
agent (~BOC-3) shall be submitted with the initial appli cation- 
Designation of process agent shall be filed in the registration 
state for each state of travel. 

Authority G.S. 20-378. 

.0518 REGISTRATION: EXEMPT INTERSTATE 
MOTOR CARRIERS: DEFINITIONS 

The following letters and words, when used in Rule .0821 
through Rulo .0827. Rules .0519 through .0525 of this 
Section, shall have the following meanings, unless otherwise 
clearly apparent from the context: 

(1) The words "driveaway operation" shall mean an 
operation in which any vehicle or vehicles, oper- 
ated singly or in lawful combinations, new or 
used, not owned by the transporting motor car- 
rier, constitute the commodity being transported; 



(2) The letters "ICC" shall mean the Interstate Com- 
merce Commission; 

(3) The word "law" shall include constitutional and 
statutory provisions and rules adopted by the 
North Carolina Division of Motor Vehicles; 

(4) The words "motor carrier" shall mean a motor 
carrier of passengers or property for compensa- 
tion engaged in interstate or foreign commerce 
when its operation is exempt from economic 
regulation by the Interstate Commerce Commis- 
sion under the Interstate Commerce Act, as 
amended: 

(5) The letters "NARUC" shall mean the National 
.Association of Regulatory Utility Commissioners; 

(6) The words "State Commission", "Commission", 
or "Division" shall mean the North Carolina 
Division of Motor Vehicles: 

(7) The word "vehicle" shall mean a self-propelled or 
motor driven vehicle operated by a motor carrier: 
and 

(8) The words "within the borders" shall mean such 
operations deemed to include interstate or foreign 
operations to, from, within or traversing the state. 

Authority G.S. 20-378. 

.0519 REGISTRATION REQUIRED 

(a) A motor carrier shall not operate within the borders 
of the state unless and until there shall have been filed with 
and approved by the Division an application for the registra- 
tion of such operation as prescribed by the provisions of 
Rulo .0823, Rule .0521 of this Section, and there shall have 
been a compliance with all other requirements of thi 
Section. A change in operation shall be reported by the 
prior filing of a supplemental application. 

(b) The application for the registration of such operation 
and any supplemental application to report any change it 
operation, shall be in the form set forth in Form A-l whicl 
is available from the Motor Carrier Regulatory Unit. Th< 
application shall be printed on a rectangular card or sheet o 
paper 11 inches in height and 8 and 1/2 inches in width 
The application shall be duly completed and executed by at 
official of the motor carrier. 

(c) The application for the registration of such operatioi 
shall be filed in duplicate with the Division. The origina 
shall be retained by the Division. The other copy of tin 
application or an acknowledg e m e nt acknowledgment shall b 
transmitted to the motor carrier when the application i 
approved by the Division. The application shall be accom 
panied by a fee in the amount of twenty-five dollar 
($25.00). 

Authority G.S. 20-378. 



.0522 EVIDENCE OF LIABILITY SECURITY 

(a) All interstate exempt motor carriers shall keep i 
force at all times public liability and property damag 



420 



NORTH CAROLINA REGISTER 



July 1, 1996 



11: 



PROPOSED RULES 



insurance in amounts not less than the minimum limits 
prescribed by the United States Department of Transporta- 
tion or the Interstate Commerce Commission. Th e polioy 
shall havo attached thereto an endorsement Form F (Uni 
form Motor Carrier Bodily Injur) 1 and Property Damago 
Liability Inouranoo Endoro e mont) and ao e vidence of ouoh 
inouranoo. th e r e There shall be filed with the Division a 
Form E (Uniform Motor Carrier Bodily Injury and Property 
Damage Liability Certificate of Insurance). 

(b) Notice of cancellation of insurance shall be given to 
the Division by the insurer by filing Form K (Uniform 
Notice of Cancellation of Motor Carrier Insurance Policies). 

(c) Such motor carriers who elect to post bond in lieu of 
insurance must do so by filing Form G (Uniform Motor 
Carrier Bodily Injury and Property Damage Liability Surety 
Bond). Notice of cancellation of surety bond shall be given 
to the Division by filing Form L (Uniform Notice of 
Cancellation of Motor Carrier Surety Bond). 

(d) No such policy or bond shall be acceptable unless 
issued by an admitted company or a surplus lines company 
as permitted in G.S. 58-16-1 and 58-21-20. Provided, if the 
motor carrier is not registered in this state and the insurance 
company or surety company is a non-admitted company, the 
company shall execute a power of attorney authorizing the 
Commissioner to accept service on its behalf of notice or 
process in any action upon the policy or bond arising out of 
an accident involving the motor carrier in this state. 
Further, the company must be qualified in the state where 
the motor carrier is registered. 

Authority G.S. 20-378. 



11:7 NORTH CAROLINA REGISTER July 1, 1996 421 



TEMPORARY RULES 



Tfie Codifier of Rules has entered the following temporary ruleis) in the North Carolina Administrative Code. 
Pursuant to G.S. 150B-21. lie), publication of a temporary rule in the North Carolina Register serves as a notice of 
rule-making proceedings unless this notice has been previously published by the agency. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 



Rule-making Agency: 

Services 



EHNR - Commission for Health 



Rule Citation: ISA NCAC 211 .0101, 21J .0101 

Effective Date: July 3, 1996 

Findings Reviewed by Julian Mann, HI: Approved 

Authority for the rule-making: G.S. 130A-29 

Reason for Proposed Action: .Adoption of these regulations 
is required for the continued administration of these two 
programs by the Department of Environment, Health and 
Natural Resources, Division of Maternal and Child Health. 

Comment Procedures: All persons interested in these 
matters are encouraged to submit written comments or 
questions to Grady Balentine, Department of Justice, PO 
Box 629, Raleigh, NC 27602-0629. Comments will be 
accepted by Mr. Balentine through August 30, 1996. 

CHAPTER 21 - HEALTH: PERSONAL HEALTH 

SUBCHAPTER 211 - SUMMER FOOD SERVICE 
PROGRAM 

SECTION .0100 - GENERAL PROVISIONS 

.0101 INCORPORATION BY REFERENCE: 
7 C.F.R. PART 225 

Title 2j Code of Federal Regulations. Part 225 is hereby 
adopted and incorporated by reference along with all 
subsequent amendments and editions. A copy of 7 C.F.R. 
Part 225 is maintained at the Department of Environment, 
Health, and Natural Resources. Division of Maternal and 
Child Health. 1330 St. Mary's Street. Raleigh. North 
Carolina, or can be obtained by contacting the Department 
of Environment. Health, and Natural Resources. Division of 
Maternal and Child Health, P.O. Box 10008. Raleigh, NC 
27605. telephone (919) 733-2973. at a cost of five dollars 
(S5.00). 

History Note: Authority G.S. 130A-29; 130A-361; S.L. 
1995, c. 324, s. 17.11; 42 U.S.C. 1761; 
Temporary Adoption Eff. July 8, 1996. 



SUBCHAPTER 2U - CHILD AND ADULT CARE 
FOOD PROGRAM 



SECTION .0100 - GENERAL PROVISIONS 



.0101 



^CORPORATION BY REFERENCE: 
7 C.F.R. PART 226 

_2x Code of Federal Regulations. Part 226 is hereby 
adopted and incorporated by reference along with al 
subsequent amendments and editions. A copy of 7 C.F.R 



Title 



Part 226 is maintained at the Department of Environment 



Health, and Natural Resources. Division of Maternal anc 
Child Health. 1330 St. Mary's Street. Raleigh. North 



Carolina, or can be obtained by contacting the Departmen 
of Environment. Health, and Natural Resources. Division o 
Maternal and Child Health. P.O. Box 10008. Raleigh. NC 
27605. telephone (919) 733-2973. at a cost of five dollar 
($5.00). 



History Note: Authority G.S. 130A-29; 
1995, c. 324, s. 17.11; 42 U.S.C. 1766; 
Temporary Adoption Eff. July 8, 1996. 



130-361; S.L 



422 



NORTH CAROLINA REGISTER 



July I, 1996 



11 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. July 18, 1996 ax 
10:00 a.m. Anyone wishing to submit written comment on any rule before the Commission should submit those comments 
to the RRC staff, the agency, and the individual Commissioners by Monday, July 15, 1996. at 5:00 p.m. Specific 
instructions and addresses may be obtained from the Rules Review Commission at 919-733-2721. Anyone wishing to 
address the Commission should notify the RRC staff and the agency at least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Vemice B. Howard 

Teresa L. Smallwood 

Charles H. Henry 

Philip O. Redwine - Vice Chairman 



Appointed by House 

Jennie J. Hayman - Chairman 
Bill Graham 
Paul Powell 
Ed Shelton 



RULES REVIEW COMMISSION MEETING DATES 



July 18, 1996 
August 15, 1996 
September 19, 1996 



October 17, 1996 
November 21, 1996 
December 19, 1996 



MEETING DATE: JULY 18, 1996 



RULES SUBMITTED: 



LOG OF FILINGS 

MAY 20, 1996 THROUGH JUNE 20, 1996 



AGENCY/DIVISION 



RULE NAME 



RULE 



ACTION 



DEPARTMENT OF COMMERCE 

Institutional Conservation Program 



4 NCAC 12C .0007 



Repeal 



DHRVSOCIAL SERVICES COMMISSION 








Services to Foster Parents 


10 NCAC 41F .0705 


Amend 




Criminal Convictions 


10 NCAC 41F .0706 


Repeal 




Criminal Histories 


10 NCAC 41F .0707 


Adopt 




Criminal Background Checks 


10 NCAC 41F .0812 


Repeal 




Criminal History Checks 


10 NCAC 41F .0813 


Adopt 




Training Requirements 


10 NCAC 41F .0814 


Adopt 




Acceptance of Reports 


10 NCAC 42V .0201 


Amend 




Identity of Complainant 


10 NCAC 42V .0802 


Amend 




Specific Findings 


10 NCAC 42V .0803 


Amend 




DEPARTMENT OF INSURANCE 








Definitions 


11 NCAC 20 .0101 


Adopt 




Written Contracts 


11 NCAC 20 .0201 


Adopt 




Contract Provisions 


11 NCAC 20 .0202 


Adopt 




Changes Requiring Approval 


11 NCAC 20 .0203 


Adopt 




Carrier Contracts 


11 NCAC 20 .0204 


Adopt 




Filing Requirements 


11 NCAC 20 .0205 


Adopt 




Provider Availability 


11 NCAC 20 .0301 


Adopt 




Provider Accessibility 


11 NCAC 20 .0302 


Adopt 




Provider Network 


11 NCAC 20.0303 


Adopt 




Monitoring Activities 


11 NCAC 20 .0304 


Adopt 




Credential Verification 


11 NCAC 20 .0401 


Adopt 




11:7 NORTH CAROLINA REGISTER 


July 1, 1996 




423 



RULES REVIEW COMMISSION 



Organization Structure 


11 NCAC 20 


.0402 


Adopt 


Written Credential Verification 


1 1 NCAC 20 


.0403 


Adopt 


Application 


11 NCAC 20 


.0404 


Adopt 


Verification of Credentials 


1 1 NCAC 20 


.0405 


Adopt 


Provider Files 


1 1 NCAC 20 


.0406 


Adopt 


Reverification 


11 NCAC 20 


.0407 


Adopt 


Confidentiality 


1 1 NCAC 20 


.0408 


Adopt 


Records and Exam 


1 1 NCAC 20 


.0409 


Adopt 


Delegation 


11 NCAC 20 


.0410 


Adopt 


Program 


11 NCAC 20 


.0501 


Adopt 


Structure 


11 NCAC 20 


.0502 


Adopt 


Plan 


11 NCAC 20 


.0503 


Adopt 


Activities 


11 NCAC 20 


.0504 


Adopt 


Quality of Care 


11 NCAC 20 


.0505 


Adopt 


Delegation of Activities 


1 1 NCAC 20 


.0506 


Adopt 


Corrective Action 


11 NCAC 20 


.0507 


Adopt 


Conflicts of Interest 


11 NCAC 20 


.0508 


Adopt 


Confidentiality 


11 NCAC 20 


.0509 


Adopt 


Records and Exams 


1 1 NCAC 20 


.0510 


Adopt 


Internal Audit 


1 1 NCAC 20 


.0511 


Adopt 


Application 


11 NCAC 20 


.0601 


Adopt 


Written Notice 


11 NCAC 20 


.0602 


Adopt 


Accessibility 


11 NCAC 20 


.0701 


Adopt 


DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 




Statement of Purpose 


15A NCAC 1C .0101 


Amend 


Exceptions 


15A NCAC 1C .0503 


Amend 


Non-Major Activities 


15A NCAC 1C .0504 


Amend 


DEHNR/ENVTRONMENTAL MANAGEMENT COMMISSION 








General Procedures 


15A NCAC 2B .0101 


Amend 


Analytical Procedures 


15A NCAC 2B .0103 


Amend 


Waters Affected by Dredge 


15 A NCAC 2B .0109 


Repeal 


Antidegradation Policy 


15 A NCAC 2B .0201 


Amend 


Definitions 


15A NCAC 2B .0202 


Amend 


Wetland Standards 


15ANCAC 2B .0231 


Adopt 


Purpose 


15A NCAC 2H .0501 


Adopt 


Application 


15A NCAC 2H .0502 


Amend 


Public Notice 


15A NCAC 2H .0503 


Amend 


Hearing 


15A NCAC 2H .0504 


Amend 


Review of Applications 


15A NCAC 2H .0506 


Adopt 


Issuance of Certification 


15A NCAC 2H .t)507 


Amend 


DEHNR/WILDLIFE RESOURCES COMMISSION 








Application 


15A NCAC 10F .0102 


Amend 


Transfer of Ownership 


15A NCAC 10F .0103 


Amend 


Certificate of Number 


15A NCAC 10F .0104 


Amend 


Numbering Pattern 


15A NCAC 10F .0105 


Amend 


Display of Vessel Numbers 


15A NCAC 10F .0106 


Amend 


Validation Decal 


15A NCAC 10F .0107 


Amend 


Temporary Certificate 


15A NCAC 10F .0109 


Adopt 


Brunswick County 


15A NCAC 10F .0305 


Amend 


Dare County 


15ANCAC 10F .0310 


Amend 


Catawba County 


15A NCAC 10F .0342 


Amend 


Person County 


15A NCAC 10F .0348 


Amend 



424 



NORTH CAROLINA REGISTER 



July 1, 1996 



11 



RULES REVIEW COMMISSION 



DEHNR/COMMISSION FOR HEALTH SERVICES 

Definitions 

Reports of Elevated Blood 

Examination 

Investigation 

Notification 

Abatement 



15A NCAC 18A .3101 Amend 

15A NCAC 18A .3102 Amend 

15A NCAC 18A .3103 Amend 

15 A NCAC 18A .3104 Amend 

15A NCAC 18A .3105 Amend 

15A NCAC 18A .3106 Amend 



NC STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS 

Initial Licensure Fee 21 NCAC 37D .0202 Amend 

Renewal Fee 21 NCAC 37G .0102 Amend 

Continuing Education 21 NCAC 37H .0102 Amend 



RULES REVIEW OBJECTIONS 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Management 

ISA NCAC 2B .0216 - Fresh Surface Water Quality Standards for Ws-iv Waters 

Agency Revised Rule 
15 A NCAC 2H .0219 - Minimum Design Requirements 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 

Commission for Health Services 

ISA NCAC 13B . 1406 - Operational Requirements for Solid Waste Compost Facilities 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
ISA NCAC 13B . 1407 - Classification/Distribution of Solid Waste Compost Products 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
ISA NCAC 13B . 1408 - Methods for Testing and Reporting Requirements 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
ISA NCAC 13B . 1409 - Approval of Alternative Procedures and Requirements 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 

Wildlife Resources Commission 

15 A NCAC WD .0003 - Hunting on Game Lands 
Agency Revised Rule 

HUMAN RESOURCES 



RRC Objection 




05/16/96 


Obj. Removed 




05/16/96 


RRC Objection 




04/18/96 


Obj. Cont'd 




05/16/96 




Eff. 


06/01/96 


RRC Objection 




04/18/96 


Obj. Cont'd 




04/18/96 


Obj. Cont'd 




05/16/96 




Eff 


06/01/96 


RRC Objection 




04/18/96 


Obj. Cont'd 




04/18/96 


Obj. Cont'd 




05/16/96 




Eff 


06/01/96 


RRC Objection 




04/18/96 


Obj. Cont'd 




04/18/96 


Obj. Cont'd 




05/16/96 




Eff 


06/01/96 


RRC Objection 




04/18/96 


Obj. Cont'd 




05/16/96 




Eff 


06/01/96 


RRC Objection 




05/16/96 


Obj. Removed 




05/16/96 



Commission for Mental Health, Developmental Disabilities and Substance Abuse Services 

10 NCAC 15 A .0126 - Resolution of Differences of Opinion RRC Objection 

Agency Revised Rule Obj. Removed 

JUSTICE 



05/16/96 
05/16/96 



Private Protective Services 

12 NCAC 7D .0808 - Concealed Weapons 
No Response from Agency 



RRC Objection 
Obj. Cont'd 



03/21/96 
04/18/96 



11:7 



NORTH CAROLINA REGISTER 



July 1, 1996 



425 



RITES REMEW COMMISSION 



Agency Revised Rule 

MEDICAL BOARD 

21 NCAC 32H .0702 - Requests 
No Response from Agency 
Rule Returned to Agency for Failure to Respond Pursuant to G.S. 150B-21.12 

PUBLIC EDUCATION 

State Board of Education 

16 NCAC 1A .0003 - Organization of Department 

Agency Repealed Rule 
16 NCAC 6D .0106 - Limited English Proficiency Programs 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6H .0007 - Special Education Assessment and Placement Procedures 

Agency Re\'ised Rule 



Obj. Removed 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 



05/16/96 



04/18/96 
05/16/96 
06/20/96 



RRC Objection 


05/16/96 


Obj. Removed 


05/16/96 


RRC Objection 


03/21/96 


Obj. Cont'd 


04/18/96 


Obj. Removed 


05/16/96 


RRC Objection 


05/16/96 


Obj. Removed 


05/16/96 



\ 



426 



NORTH CAROLINA REGISTER 



July I, 1996 



11: 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN, m 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRATIVE LAW JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 
Meg Scott Phipps 



Robert Roosevelt Reilly Jr. 
Dolores Nesnow Smith 
Thomas R. West 



AGENCY 



CASE 
NUMBER 



AH 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Fuad Saif Murshed v. Ale. Bev. Cll. Comm. & Durham Mem. Bapt. Ch. 

Alcoholic Beverage Control Commission v. Tremik, Inc. 

Alcoholic Beverage Control Commission v. Maria Virginia Tramontano 

Alcoholic Beverage Control Commission v. Huffman Oil Co., Inc. 

Pinakin P. Talate v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Entrepreneur. Inc. 

Alcoholic Beverage Control Commission v. Zell, Inc. 

Alcoholic Beverage Control Commission v. Henry Franklin Gurganus 

Andrew Parker v. Alcoholic Beverage Control Commission 

Barraq Sabri Alquza v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Comm. v. Partnership T/A T & L Groceries 

Alcoholic Beverage Control Commission v. Cashion's Food Mart, Inc. 

Bro Bee, Inc. v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Donald Ray Doak 

Alcoholic Beverage Control Commission v. Janice Lorraine Jeter 

Alcoholic Beverage Control Commission v. Well Informed, Inc. 

Alcoholic Beverage Control Commission v. Kubbard, Inc. 

Alcoholic Beverage Control Commission v. Stemmermans's, Inc. 

George Wright and Alice Ramsuer v. Alcoholic Beverage Control Comm 

Alcoholic Beverage Control Commission v. Robert Montgomery McKnight96 

Alcoholic Beverage Control Commission v. Jacqueline Robin Anthony 

Alcoholic Beverage Control Commission v. Millicent J. Green 

Ghassan Hasan Is6a v. Alcoholic Beverage Control Commission 

Alcooholic Beverage Control Commission v. Triangle Drive-in 

COMMISSION FOR AUCTIONEERS 



95 ABC 0922 


Chess 


04/24/96 




95 ABC 0925 


Morriosn 


03/25/96 




95 ABC 


1200 


West 


04/23/96 




95 ABC 


1251 


West 


04/03/96 11:03 NCR 166 


95 ABC 


1329 


West 


04/10/96 




95 ABC 


1363 


Reilly 


05/02/96 




95 ABC 


1366 


West 


06/17/96 




95 ABC 


1389 


West 


04/01/96 




95 ABC 


1402 


Phipps 


03/27/96 




95 ABC 


1424 


Phipps 


04/03/96 




95 ABC 


1443 


West 


03/26/96 




95 ABC 


1444 


Gray 


03/13/96 




95 ABC 


1480 


West 


04/15/96 




95 ABC 


1488 


West 


03/29/96 




96 ABC 0013 


Reilly 


04/26/96 




96 ABC 0016 


Chess 


05/28/96 




96 ABC 0017 


Reilly 


05/20/96 




96 ABC 0018 


Chess 


05/28/96 




96 ABC 0058 


Becton 


04/16/96 




96 ABC 0135 


Phipps 


05/09/96 




96 ABC 0184 


Phipps 


05/09/96 




96 ABC 0234 


Nesnow Smith 


06/13/96 




96 ABC 0256 


Morrison 


05/23/96 




96 ABC 0443 


Reilly 


06/11/96 





John W. Foster v. Auctioneer Licensing Board 
CRIME CONTROL AND PUBLIC SAFETY 



96 CFA 0201 



Phipps 



05/06/96 



Roland Lee Kelly, Jr. v. United Family Services, Victim Assistance/Crime 95 CPS 0568 
Victims Compensation Comm. 



Morrison 



05/29/96 



11:7 



NORTH CAROLINA REGISTER 



July 1, 1996 



427 



CONTESTED CASE DECISIONS 



AGENCY 



Robert F- Bronsdon v. Crime Victims Compensation Commission 

Helen B. Hunter-Reid v. Crime Victims Compensation Commission 

Kenneth Saunders v. Victims Compensation Commission 

Ruhy H. Ford v. Crime Victims Compensation Commission 

Manuel Cervantes v. Victims Compensation Fund 

Donna Williams v. Crime Victims Compensation Commission 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


95 CPS 1216 


Chess 


05/28/96 




95 CPS 1336 


Nesnow Smith 


03/29/96 


11:02 NCR 93 


95 CPS 1445 


Chess 


03/26/96 




96 CPS 0110 


Reilly 


04/18/96 




96 CPS 0118 


Chess 


03/19/96 




96 CPS 0493 


Morrison 


06/13/96 





Gnbhle &. Assoc. &. Four Seasons Car Wash v. EHNR 

David Martin Shelton v. Rockingham County Dept/Public Health, EHNR 95 EHR 0941 

Kinston UrologicaJ Associates, PA. v. N.C. Cancer Program 

Kinston Urological Associates, P. A. v. N.C. Cancer Program 

Elsie &. Tony Cecchini v. Environment, Health. & Natural Resources 

Gerald Mac Clamrock v. Environment, Health, & Natural Resources 



95 EHR 0576 


Gray 


04/25/96 






95 EHR 0941 


West 


05/01/96 






95 EHR 1198* 2 


Nesnow Smith 


03/27/96 


11:02 NCR 


97 


95 EHR 1199* 2 


Nesnow Smith 


03/27/96 


11:02 NCR 


97 


95 EHR 1240 


Reillv 


04/22/96 






96 EHR 0168 


Phipps 


05/06/96 







Coastal Resources 



Martin W. Synger v. Division of Coastal Management 95 EHR 1006 

J. E. Smith Construction Co. v. Division of CoastaJ Management 96 EHR 0074 

Theodore D. Bams v. Town of Long Beach. NC & Coastal Mgmt, EHNR 96 EHR 0277 



Chess 


05/13/96 


Nesnow Smith 


02/23/96 


West 


05/09/96 



Environmental Healih 



Forest Gate Motel v. Environment, Health, and Natural Resources 
Paradise Ridge Home Owners by Anne Norburn v. EHNR, Env. Health 

Environmental Management 

Herman E. Smith v. Division of Environmental Management 

Conover Lumber Co., Inc. v. EHNR, Division of Environmental Mgmt. 



96 EHR 0076 
96 EHR 0162 



95 EHR 0962 
95 EHR 1081 



West 
Phipps 



West 
Reillv 



Jack West d/b/a Jack West Tree Service v. Environmental Mgmt. Comm. 95 EHR 1421 Morrison 
Clover M Farms. Inc. v. EHNR, Division of Environmental Management 96 EHR 0405 Becton 

Land Resources 

K&G Properties, Inc. v. EHNR, Division of Land Resources 95 EHR 1078 Nesnow Smith 

Marine Fisheries 



06/17/96 
05/06/96 



04/30/96 
04/12/96 
04/08/96 
06/10/96 



03/25/96 



Robert I. Swinson, Sr. v. EHNR, Health & Nat. Res., Marine Fisheries 95 EHR 0320 Chess 
Grayden L. Fulcher and Michael Styron, Sr. v. Div. of Marine Fisheries 96 EHR 0003 Reilly 



03/29/96 
03/06/96 



11:03 NCR 168 



Solid Waste Management 

R. Donald Phillips v. EHNR, Solid Waste Management Division 
R. Donald Phillips v. EHNR, Solid Waste Management Division 



95 EHR 1190** 

96 EHR 0554* 4 



Gray 
Gray 



05/22/96 
05/22/96 



WIC Program 



Lazelle Marks v. EHNR, Division of Maternal and Child Health 95 EHR 0870 

Hani Sader v. Nutrition Services, Div/Maternal & Child Health, EHNR 96 EHR 0054 

Bob's Quick Mart. Bobby D. Braswell v. Env., Health, & Natural Res. 96 EHR 0091 

Larry E. Mis v. USDA-Food/Cons Svc, Cory Menees-WIC Prog., EHNR 96 EHR 0164 

EQUAL EMPLOYMENT OPPORTUNITIES 



West 


03/27/96 


West 


05/22/96 


Nesnow Smith 


04/02/96 


Phipps 


03/19/96 



Carl D. Davis v. Department of Correction 
HUMAN RESOURCES 



91 EEO 1101 



Nesnow Smith 



05/06/96 



Cassandra M. Deshazo v. Christine E. Carroll, Chf Chid Abuse/Neg. Sec. 95 DHR 1410 Phipps 03/28/96 

Medicus Robinson v. Department of Human Resources 96 DHR 0167 Nesnow Smith 04/12/96 



Division of Child Development 

Molly Fallin v. Department of Human Resources 
Molly Fallin v. Department of Human Resources 



94 DHR 0872* 3 

95 DHR 1013* 3 



Gray 
Gray 



05/15/96 
05/15/96 



428 



NORTH CAROLINA REGISTER 



July 1, 1996 



11:7 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Mary T. Hill v. DHR, Division of Child Development 
Iola Roberson v. DHR, Division of Child Development 



95 DHR 1192 
95 DHR 1244 



Phipps 
Gray 



03/27/96 
05/16/96 



Division of Facility Services 

Eloise Brown v. Dept. of Human Resources, Division of Facility Services 95 DHR 1002 Phipps 

Certificate of Need Section 

Nash Hospitals, Inc. v. DHR, Div/Facility Services, Cert, of Need Sect. 95 DHR 1176* 3 Phipps 
Pitt Cty Mem. Hospital, Inc. v. DHR, Div/Facility Sries, Cert/Need Sect. 95 DHR 1177* 5 Phipps 

Group Care Licensure Section 

Alex L. McCall v. DHR, Div/Facility Svcs, Group Care Licensure Sec. 95 DHR 1456 Nesnow Smith 



03/07/96 



05/23/96 
05/23/96 



03/26/96 



11:06 NCR 
11:06 NCR 



389 
389 



Medical Facilities Licensure Section 

Deborah Reddick v. Department of Human Resources 

Stacey Yvette Franklin v. Facility Services, Medical Facilities Lie. Sec. 



96 DHR 0240 
96 DHR 0358 



Reilly 
Morrison 



06/18/96 
05/16/96 



95 DHR 1044 


Nesnow Smith 


03/12/96 


95 DHR 1063 


Morrison 


03/19/96 


95 DHR 1072 


Phipps 


03/15/96 


95 DHR 1234 


Morrison 


03/19/96 


95 DHR 1330 


Gray 


04/11/96 


96 DHR 0155 


Gray 


04/26/96 



Division of Medical Assistance 

Judy Malcuit, Re Melissa Malcuit v. DHR, Div. of Medical Assistance 96 DHR 0129 Gray 

Division of Social Services 

Rozena Cfaambliss v. Department of Human Resources 

Addie & Major Short v. Department of Human Resources 

Mr. and Mrs. Jessie Stevenson v. DHR, Division of Social Services 

William G. Fisher v. DHR, Div. of Social Services, Prog Integrity Branch 95 DHR 1234 

Verna F. Nunn v. Department of Human Resources 

Nancy Hooker, Helen Tyndall v. Department of Human Resources 

Child Support Enforcement Section 



Donald E. Rideout Jr. v. Department of Human Resources 
Christopher F. Roakes v. Department of Human Resources 
Claude Eure Jr. v. Department of Human Resources 
Richard R. Fox, Sr. v. Department of Human Resources 
Joselito D. Pilar v. Department of Human Resources 
David Lee Grady v. Department of Human Resources 
Patrick Orlando Crump v. Department of Human Resources 
Peter Robert Kovolsky v. Department of Human Resources 
Tony Lee Zapata v. Department of Human Resources 
Lawrence Dow Dean v. Department of Human Resources 
Carl E. Coffey v. Department of Human Resources 
Keith Dewayne Senters v. DepartmentTif Hawaii Resources 
Lonnie Dawes v. Department of Human Resources 
Mickey Turner v. Department of Human Resources 
James Joseph Gallagher v. Department of Human Resources 
James Thomas McRae v. Department of Human Resources 
Vincent E. Koehler v. Department of Human Resources 
David J. Moseley v. Department of Human Resources 
Derrick L. Conyers v. Department of Human Resources 
Charles Edward Smith v. Department of Human Resources 
Kevin Vereen v. Department of Human Resources 
James Curtis Witwer v. Department of Human Resources 
Thornell Bowden v. Department of Human Resources 
Henry S. Sada v. Department of Human Resources 
Charles F. Moore v. Department of Human Resources 
Daniel Leslie Baker v. Department of Human Resources 
John L. Pike v. Department of Human Resources 
Wm. R. Evans v. Department of Human Resources 
Rory J. Curry v. Department of Human Resources 
Lorin A. Brown v. Department of Human Resources 
Marcus Anthony Butts v. Department of Human Resources 
Cynthia Pinder v. Department of Human Resources 



06/12/96 



95 CSE 0952 


Reilly 


04/18/96 


95 CSE 1131 


Becton 


05/03/96 


95 CSE 1155 


Phipps 


06/12/96 


95 CSE 1169 


Becton 


03/19/96 


95 CSE 1180 


Chess 


03/01/96 


95 CSE 1218 


Morrison 


03/26/96 


95 CSE 1221 


Nesnow Smith 


03/05/96 


95 CSE 1230 


Becton 


03/11/96 


95 CSE 1266 


Gray 


05/02/96 


95 CSE 1267 


Morrison 


03/29/96 


95 CSE 1270 


Nesnow Smith 


03/15/96 


95 CSE 1273 


Phipps 


04/01/96 


95 CSE 1274 


Nesnow Smith 


06/12/96 


95 CSE 1278 


Nesnow Smith 


03/14/96 


95 CSE 1280 


Chess 


03/19/96 


95 CSE 1296 


Chess 


03/15/96 


95 CSE 1301 


Phipps 


05/09/96 


95 CSE 1304 


Chess 


03/29/96 


95 CSE 1308 


Reilly 


03/13/96 


95 CSE 1309 


West 


03/07/96 


95 CSE 1315 


Phipps 


05/06/96 


95 CSE 1331 


Becton 


03/26/96 


95 CSE 1345 


Morrison 


03/07/96 


95 CSE 1367 


Nesnow Smith 


03/21/96 


95 CSE 1369 


Chess 


03/27/96 


95 CSE 1373 


Morrison 


03/12/96 


95 CSE 1376 


Nesnow Smith 


03/21/96 


95 CSE 1377 


Becton 


03/11/96 


95 CSE 1380 


Mann 


03/15/96 


95 CSE 1382 


Reilly 


04/18/96 


95 CSE 1405 


Nesnow Smith 


03/27/96 


95 CSE 1406 


Becton 


03/11/96 



11:7 



NORTH CAROLINA REGISTER 



July 1, 1996 



429 



COSTESTED CASE DECISIOSS 



AGENCY 



Rhonnie J. Williams V. Department of Human Resources 

Ramon Domenech v. Department of Human Resources 

Dennis L. McNeill v. Department oi Human Resources 

Tony A. Rogers v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy A. Ratley iJeanes) v. Department of Human Resources 

Richard E. Reader v. Department of Human Resources 

Wilbur Dewayne Bauit v. Department oi Human Resources 

James C. Smith v. Department of Human Resources 

Ronald D. Johnson v. Department of Human Resources 

Johnny Leary v. Department of Human Resources 

John W. Scott v. Department oi Human Resources 

Calvin S. Austin v. Department of Human Resources 

Derek Henslee v. Department oi Human Resources 

Donald L. Carr, Jr. v. Department of Human Resources 

Norman Wave aster v. Department of Human Resources 

Lorenzo Wilson v. Department of Human Resources 

Cyril Lloyd Payne v. Department oi Human Resources 

Thornell Bowden v. Department of Human Resources 

Carl R. Ritter v. Department of Human Resources 

Kelvin Tarlton v. Department of Human Resources 

Terry Sealey v. Department of Human Resources 

Jackie L. Kopczick v. Department of Human Resources 

Alan Kendell LockJear v. Department of Human Resources 

David Agurs v Department of Human Resources 

Melmda S. Tunner v. Department of Human Resources 

Jeanne G. Bishop v. Department of Human Resources 

Rebecca Beaver v. Department of Human Resources 

Vivian B- White v. Department of Human Resources 

Mary R. Mahon v. Department of Human Resources 

Mary R. Mahon v. Department of Human Resources 

Laura Heidorf v. Department of Human Resources 

INSURANCE 



Carol M. Hall v. Teachers & State Employees Comp. Major Medical Plan 95 INS 1141 
Arthur Wayne Dempsey v. Department of Insurance 95 INS 1255 

Deborah B. Beavers v. Teachers & St. Emp. Comp. Major Med. Plan 95 INS 1411 

Nadia A. Hakim v. Department of Insurance 95 INS 1422 

JUSTICE 



Education and Training Standards Division 

Freddie Lcvern Thompson v. Criml. Justice Ed. & Training Stds. Comm. 
Shane Douglas Crawford v. Sheriffs' Ed. &. Training Stds. Comm. 
Charles Henry Daniels v. Criml. Justice Ed. & Training Stds. Comm. 
Valerie Maxine Brewington V. Criml. Justice Ed. & Training Stds. Comm 
Patricia Josephine Bonanno v. Sheriffs' Ed. & Training Stds. Comm. 
Douglas Allan Stuart v. Sheriffs' Ed. &, Training Stds. Comm. 
Rick M. Evoy v. Criminal Justice Ed. &. Training Stds. Comm. 
Gregory Lee Daughtridge v. Sheriffs' Ed. & Training Stds. Comm. 
Stuart Hugh Rogers v. Sheriffs' Ed. & Training Stds. Comm. 
Larry D. Weston v. Sheriffs' Ed. & Training Stds. Comm. 
Carlton Gerald v. Criminal Justice Ed. & Training Stds. Comm. 
Ken Montie Oxendine v. Criminal Justice Ed. &. Training Stds. Comm. 
David Kent Knight v. Sheriffs' Ed. & Training Stds. Comm. 

Private Protective Services Board 

Timothy A. Hawkins v. Private Protective Services Board 
William F. Combs v. Private Protective Services Board 
Randy C. Hoyle v. Private Protective Services Board 

PUBLIC INSTRUCTION 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


95 CSE 1407 


Chess 


05/06/96 


95 CSE 1408 


Phipps 


03/11/96 


95 CSE 1435 


Bee ton 


03/13/96 


95 CSE 1436 


Chess 


05/16/96 


95 CSE 1437 


Phipps 


04/01/96 


95 CSE 1465 


Morrison 


03/26/96 


95 CSE 1469 


Nesnow Smith 


04/29/96 


95 CSE 1475 


West 


03/13/96 


96 CSE 0034 


Gray 


05/10/96 


96 CSE 0084 


Nesnow Smith 


03/27/96 


96 CSE 0085 


Beaton 


05/03/96 


96 CSE 0130 


Mann 


03/15/96 


96 CSE 0140 


Phipps 


05/17/96 


96 CSE 0188 


Reilly 


05/17/96 


96 CSE 0200 


West 


05/30/96 


96 CSE 0245 


Becton 


05/16/96 


96 CSE 0257 


Phipps 


05/06/96 


96 CSE 0272 


Reilly 


05/31/96 


96 CSE 0370 


Morrison 


05/17/96 


96 CSE 0380 


West 


05/08/96 


96 CSE 0424 


Morrison 


05/29/96 


96 CSE 0430 


Phipps 


05/29/96 


96 CSE 0431 


Mann 


06/05/96 


96 CSE 0503 


West 


05/30/96 


96 CSE 0580 


Chess 


06/13/96 


95 DCS 0921 


Morrison 


05/09/96 


95 DCS 0958 


West 


04/04/96 


95 DCS 1114 


Reilly 


04/26/96 


95 DCS 1115 


Phipps 


06/04/96 


95 DCS 1137** 


Chess 


06/11/96 


95 DCS 1142** 


Chess 


06/11/96 


96 DCS 0065 


Reilly 


03/22/96 



PUBLISHED DECISION 
REGISTER CITATION 



Phipps 

Nesnow Smith 
Nesnow Smith 
Nesnow Smith 



95 DOJ 1419 

96 DOJ 0022 
96 DOJ 0024 



Lavern K. Suggs v. NC Board of Education 95 EDC 0383 

J.T.S. &. T.S., Parents of E. M.S. v. Chapel Hill-Carrboro City Sehl. Sys. 95 EDC 1194 



West 
West 
Nesnow Smith 



Nesnow Smith 
Mann 



04/01/96 
04/22/96 
05/10/96 
03/26/96 



95 DOJ 0731 


Chess 


02/29/96 


95 DOJ 0943 


Reilly 


05/17/96 


95 DOJ 1070 


West 


06/12/96 


95 DOJ 1129 


Nesnow Smith 


04/12/96 


95 DOJ 1 152 


Chess 


03/25/96 


95 DOJ 1189 


Momson 


06/06/96 


95 DOJ 1235 


Chess 


03/25/96 


96 DOJ 0027 


Reilly 


03/19/96 


96 DOJ 0029 


West 


06/18/96 


96 DOJ 0037 


Nesnow Smith 


06/12/96 


96 DOJ 0068 


Gray 


03/26/96 


96 DOJ 0071 


West 


03/28/96 


96 DOJ 0115 


West 


03/28/96 



04/12/96 
03/22/96 
06/10/96 



03/13/96 
04/12/96 



11:05 NCR 308 



11:01 NCR 50 



430 



NORTH CAROLINA REGISTER 



July 1, 1996 



11:) 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



L.O. v. Charlotte-Mecklenburg Board of Education 96 EDC 0285 

Candyce Ewanda Newsome v. Hertford County Board of Education 96 EDC 0344 

STATE PERSONNEL 

Department of Administration 

Jonathan L. Fann v. Department of Administration, Admin. Personnel 96 OSP 0042 
Carlton Gerald v. State Capitol Police, Department of Administration 96 OSP 0116 

Administrative Office of the Court 

Ethel R. Tyson v. NC Judicial Dept., Administrative Office of the Court 96 OSP 0080 

Appalachian State University 

Janice S. Walton v. Appalachian St University, Claude Cooper, Bill Ragan96 OSP 0062 
Janice S. Carroll v. Appalachian St University, Claude Cooper, Bill Ragan96 OSP 0063 



Mann 
Chess 



05/31/96 
05/15/96 



Gray 
Gray 



Nesnow Smith 



West 
West 



Morrison 



Nesnow Smith 



Chess 



Becton 



Gray 


03/12/96 


Phipps 


05/14/96 


Gray 


05/17/96 


Gray 


06/03/96 


Morrison 


04/09/96 


Phipps 


05/15/96 



Caldwell County 

Blake C. Pace v. Caldwell County 96 OSP 0047 

NC Central University 

Francina Y. Tate v. Chancellor Julius L. Chambers, NC Central Univ. 95 OSP 1432 

Central North Carolina School for the Deaf 

Felicia S. Milton v. Central North Carolina School for the Deaf 95 OSP 1241 

Cherry Hospital 

Mary A. Boogaerts v. Cherry Hospital, Goldsboro, NC 96 OSP 0269 

Department of Correction 

Haydee Craver v. Department of Correction, Pender Correctional Inst. 95 OSP 1046 
Gregory Allen Jones v. Department of Correction, Supt. Bonnie Boyette 95 OSP 1290 
Calvia L. Hill v. Department of Correction, McCain Correctional Hospital 95 OSP 1460 
Alisha Louise Staley v. Randolph Correctional Center 96 OSP 0092 

Brenda Propst v. Foothills Correctional Institution 96 OSP 0199 

Haydee C. Craver v. Department of Correction, Christopher Phillips 96 OSP 0348 

East Carolina University 

Bela E. Karvaly, Ph.D. v. ECU Bd. of Trustees, Ch. Richard R. Eakin 96 OSP 0150 Chess 

Employment Security Commission 

Gene S. Baker v. Gov. James B. Hunt, Jr., Ann Q. Duncan, Chairman, 93 OSP 0707 

Employment Security Commission 

William Herbert Allen v. Employment Security Commission 94 OSP 1688 

Patricia Gary v. Employment Security Commission 95 OSP 0793 

Tonderlier Lynch v. Emp. Security Comm., Austin Quality Foods, Inc. 96 OSP 0275 

Department of Environment, Health, and Natural Resources 

Roberta Ann "Robin" Hood v. Environment, Health, & Natural Resources 95 OSP 0035 Reilly 

Fayetteville State University 

William C. Neal v. Fayetteville State University 95 OSP 0392 Nesnow Smith 

Department of Human Resources 

Ophelia Webb v. Edard R. Inman, Dir. Alamance Cry DSS, Alamance 96 OSP 0112 Gray 

Cty DSS, Alamance County, and DHR 



05/24/96 
04/25/96 



03/15/96 



03/13/96 
03/07/96 



04/01/96 



04/22/96 



05/17/96 



05/29/96 



05/08/96 



Becton 


05/16/96 


11:05 NCR 300 


West 


06/11/96 




Chess 


05/14/96 




Chess 


05/21/96 





04/09/96 



04/22/96 



03/13/96 



11:7 



NORTH CAROLINA REGISTER 



July 1, 1996 



431 



COSTESTED CASE DECISIOXS 



AGENCY 



CASE 
NUMBER ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Caswell Center 

Ramona C. Jenkins v. Department of Human Resources. Caswell Center 
Ramona C. Jenkins v. Department of Human Resources, Caswell Center 
Franklin D. Sutton v. Department oi Human Resources, Caswell Center 

Durham County Department of Social Services 
Jan E. Smith v. Durham County Department of Social Services 

Halifax County Department of Social Services 
Clairbel Thomas v. Halifax County- DSS & Director. Halifax County DSS 

DiMsion of Medical Assistance 
Harold Wiggins v. Division of Medical Assistance 

O Berry Center 
Samuel Geddie v. O'Berry Center 

Rockingham Counrx Department of Social Semces 
Lorretta Lawson v. Rockingham County DSS 

Wake Count\ Department of Social Senices 

Phylis Gilbert v. Wake County Department of Social Services 

Department of Insurance 

Larry W. Creech v. Department of Insurance 

Department of Labor 

Kevin P. Kolbe. Sr. v. Department of Labor 

Sew Hanover County Board of Health 

Tabandeh Zand v. New Hanover County Board of Health 

Sorth Carolina State University 

Vemell Mitchell v. North Carolina Cooperative Extension 

Department of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 

Dorothy J. Grays v. Div. of Motor Vehicles. Dept. of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 

Melvin Duncan v. Department of Transportation 

Greg Brown v. Department of Transportation 

Jesse Wayne Castle v. State Highway Maint., Guess Rd., Durham. NC 

Archie Brooks v. W. F. Rosser. Department of Transportation 

Tri-County Mental Health Complex 

Deborah Heil v. Tri-County Mental Health Complex 

University of Sorth Carolina 

Jerel H. Bonner v. School of Nursing UNC at Chapel Hill 

Bela E. Karvaly, Ph.D. v. UNC Bd. of Gov., Pres. CD. Spangler, Jr. 

Carl E. Whigham v. UNC Hospitals at Chapel Hill 



S9 OSP 0411 
91 OSP 0522 
94 OSP 0766 



95 OSP 1121 



95 OSP 0905 



95 OSP 1482 



96 OSP 0414 



96 OSP 0471 



95 OSP 1238 



95 OSP 0631 



95 OSP 0968 



95 OSP 1035 



96 OSP 0132 



Beaton 
Becton 
Nesnow Smith 



Morrison 



West 



West 



Morrison 



West 



Phi 



p P s 



Reilly 



Morrison 



Nesnow Smith 



Gray 



95 OSP 1100 



Nesnow Smith 



03/26/96 
03/26/96 
03/21/96 



05/24/96 



05/29/96 



06/11/96 



06/13/96 



06/13/96 



05/17/96 



06/06/96 



03/14/96 



03/01/96 



05/10/96 



94 OSP 0589- 1 


Gray 


03/01/96 


94 OSP 1044 


Reilly 


04/12/96 


95 OSP 0837*' 


Gray 


03/01/96 


95 OSP 1462 


Morrison 


03/08/96 


96 OSP 0048 


Reilly 


05/02/96 


96 OSP 0087 


Gray 


04/15/96 


96 OSP 0239 


Nesnow Smith 


05/17/96 



03/22/96 



11:02 NCR 89 



( 



11:06 NCR 395 



11:07 NCR 434 



11:01 NCR 58 



11:03 NCR 173 



96 OSP 0026 


Grav 


03/12/96 


11:01 NCR 


61 


96 OSP 0151 


Chess 


05/08/96 






96 OSP 0248 


Chess 


06/11/96 







Consolidated cases. 



432 



NORTH CAROLINA REGISTER 



July 1, 1996 



11:7 



CONTESTED CASE DECISIONS 



CASE DATE OF PUBLISHED DECISION 

AGENCY NUMBER ALJ DECISION REGISTER CITATION 



UNIVERSITY OF NORTH CAROLINA 

Sylvia Jeffries v. University of NC Hospitals at Chapel Hill 96 UNC 0067 Gray 04/16/96 



U:7 NORTH CAROLINA REGISTER July 1, 1996 433 



COSTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 

ADMESflSTRATTVE HEARENGS 

95OSP0631 



LARRY VV. CREECH, 
Petitioner, 



DEPARTMENT OF INSURANCE 
Respondent. 



RECOMMENDED DECISION 



This contested case came on to be heard before the undersigned administrative law judge on January 3 and 4, 
1996. in Raleigh. 

Mr. Marvin Schiller represented the Petitioner. Ms. Jane Friedensen represented the Respondent. The Petitioner 
presented four witnesses and introduced P. Exh. #1 - 6. The Respondent presented two witnesses and introduced R. Exh. 
#1-5, 11 - 27, 29 - 55, 58-60 and 62. The Respondent filed a proposed Recommended Decision on May 30, 1996. 

ISSUE 

Did the Respondent intentionally discriminate against the Petitioner because of his age in denying him a 
promotion to Insurance Company Examiner JJ? 

FINDINGS OF FACT 

1. Petitioner Larry W. Creech was born on October 5, 1946. (T Vol. II p. 72) 

2. Petitioner is a career State employee with twenty-six years and five months of continuous State service at the 
time of the hearing. He has spent his entire career in State government with the Respondent. Petitioner has a 
B.S. degree in business administration from Atlantic Christian College. (T Vol. I p 5) 

3. From August of 1969 until 1972, Petitioner worked as a fiscal examiner in the Special Services Division. In 
this capacity, he audited premium finance companies and collection agencies. From 1972 until 1976, he worked 
as an Examiner I in the Financial Compliance Section, then known as Company Operations. He spent much oi 
his time performing duties connected with the analysis of insurance company financial statements. In late 1976, 
Petitioner became a policy and rate analyst with the Life, Accident and Health Division, where he remained 
until 1987. (T Vol. I pp. 5-7) 

4. On or about July 1, 1987, Petitioner transferred back to the Foreign Unit of the Financial Compliance Section 
as an Insurance Company Examiner I, a pay grade 74 position. Petitioner received a salary increase when hi 
made this transfer. Terry Wade, the supervisor of the Financial Compliance Section, made the initia 
recommendation that Petitioner be chosen to fill the vacancy. Petitioner has remained an Examiner I at pay 
grade 74 in the Foreign Unit since the 1987 transfer. (R. Exh. #62; T Vol. I pp. 7, 30; T Vol. U pp. 69-73) 

5. Petitioner's duties and responsibilities as an Insurance Company Examiner I in the Foreign Unit of the Financial 
Compliance Section include reviewing and analyzing annual and quarterly financial statements from foreign 
insurance companies with the aid of computer programs or models, identifying problems revealed through the 
analysis, and making recommendations to the Foreign Unit supervisor for resolving identified problems 
Petitioner reviews approximately 300 annual reports each year. (T Vol. I pp. 7-12) 

6. Financial analysis involves systematic conversion of financial data into ratios and comparisons of those ratios 
both laterally and diagonally. This process permits the analyst to discern trends and changes in a company's 
financial condition over time and provides a basis for inquiry into the underlying explanations or reasons for the 



434 



NORTH CAROLINA REGISTER 



July I, 1996 



11: 



CONTESTED CASE DECISIONS 



changes and trends. Financial analysis is fundamentally the same in financial services industries, such as 
banking and insurance, although the latter involves the use of some specialized accounting principles. (T Vol. I 
pp. 150-51; T Vol. H pp. 38-41) 

7. Petitioner competently performs the duties of an Insurance Examiner I and has assisted his co-workers and 
superiors throughout his career. He accordingly has received good performance evaluations and regular pay 
raises (to the extent that any state employee has received the latter) during his employment and since he reached 
the age of 40. (T Vol. I pp. 63-64, 77-78; T Vol. pp. 54-56; R. Exh. #14-27) 

8. Petitioner has no supervisory experience. (T Vol. I pp. 40-41) 

9. The Financial Evaluation Division is primarily responsible for overseeing the solvency of insurance companies 
and similar and related entities doing business in North Carolina. It consists of several sections, including the 
Company Admissions Section which processes applications from companies wishing to do business in North 
Carolina and approves the formation of domestic companies, the Financial Compliance Section which monitors 
insurance company operations, the Field Audit Section which performs on site audits of the financial condition 
of domestic insurance companies, and the Continuing Care Facility Section. The Financial Evaluation Division 
is also responsible for solvency surveillance of self-insured workers' compensation plans. (T Vol. I pp. 137-38; 
R. Exh. #1-2) 

10. Ray Martinez has served as the Deputy Commissioner in charge of the Financial Evaluation Division since July, 
1987. Mr. Martinez was 42 years of age at the time of the hearing. (T Vol. I pp. 136-37, 139) 

1 1 . Prior to becoming a Deputy Commissioner, Mr. Martinez worked as a chief financial officer for a property and 
casualty insurance company. He previously was employed with a life insurance company and as a public 
accountant. Mr. Martinez is active in the National Association of Insurance Commissioners ("N.A.I.C."). Mr. 
Martinez has a B.A. in accounting from Iona College. He is a Certified Public Accountant ("CPA") in the states 
of New York and Florida. (T Vol. I pp. 139-42) 

12. Since becoming the Deputy Commissioner responsible for the Financial Evaluation Division, Mr. Martinez has 
encountered some resentment based on his perceived status as an "outsider. " 

13. The Financial Compliance Section of the Financial Evaluation Division performs oversight through financial 
analysis of insurance companies doing business in North Carolina. It also monitors various alternative market 
mechanisms. It is subdivided into three units: the Domestic Unit, the Foreign Unit, and the Securities Unit. (T 
Vol. I pp. 145-49) 

14. The bulk of the resources available to the Financial Compliance Section is devoted to its Domestic Unit because 
the Respondent has principal responsibility among the states for regulating North Carolina's domestic insurers. 
The Domestic Unit includes four analysts and one supervisor responsible for overseeing the operations of 120 to 
140 companies. -The financial analyses performed in the Domestic Unit are more extensive than those 
performed in the Foreign Unit. (T Vol. I pp. 146, 148) 

15. The Respondent decided, as a matter of policy and efficient resource allocation, to place a great deal of reliance 
on the states of domicile of foreign insurance companies to monitor their solvency. The Foreign Unit of the 
Financial Compliance Section accordingly consists of two life insurance analysts, two property and casualty 
insurance analysts and one supervisor responsible for monitoring the solvency of approximately 1000 foreign 
insurance companies doing business in North Carolina. (T Vol. I pp. 148-49) 

16. Since 1989, the Respondent has taken steps to maximize the computerization of the financial analysis functions 
performed in the Foreign Unit as a means of targeting its resources. There are two principal computer 
programs used to analyze the financial statements of foreign insurers doing business in North Carolina. The 
first ranks foreign companies as high, medium or low priority for further analysis. The second program is used 
to evaluate a company's compliance with various statutory requirements relating to finances. The current 
programs have been in use for two or three years. The respondent is currently in the process of converting them 
from Lotus to Excel, the software used to run the programs and models available from N.A.I.C. (T Vol. I pp. 
149, 152-53, 155; T. Vol. H pp. 31-32) 



11:7 NORTH CAROLINA REGISTER July 1, 1996 435 



CONTESTED CASE DECISIONS 



17. Keith Ouelette, the previous supervisor of the Foreign Unit, designed and maintained the computer programs 
currently used there. Terry Wade, a prior supervisor of the Financial Compliance Section, recommended that 
Mr. Ouelette be hired as an Insurance Company Examiner II, pay grade 76, to supervise the Foreign Unit 
effective November 30, 1992. Mr. Ouelette was 41 years of age at the time. Mr. Ouelette had no previous 
experience with the Respondent at that time. (T Vol. I pp. 36, 155-56; T Vol. II pp. 83-85; R. Exh. #58) 

18. Mr. Ouelette's subordinates and superiors considered him highly competent. He left his position to take a 
higher paying job in the state of Florida. (T Vol. I pp. 40, 59, 155-56) 



L9. 



The Respondent posted the vacancy created by Mr. Ouelette's departure on or about February 8, 1995. 

20. The vacancy posting lists the minimum qualifications for the Insurance Company Examiner II position that Mr. 
Ouelette vacated. These minimum qualifications include graduation from a four-year college or university with 
a minimum of twenty-four hours of accounting and a minimum of five years of experience in a financial 
analysis and/or audit position with a state department of insurance, an insurance company or a public accounting 
firm. It also lists preferred requirements including excellent analytical and decision-making skills, the ability to 
be decisive in formulating and executing those skills, and experience with microcomputers and appropriate 
software such as Lotus 1-2-3. The posting describes the position as supervisory in nature. (T Vol. I pp. 
159-60; R. Ex. #3) 

21. At the time the vacancy arose and at the time of the hearing in this matter, no current, accurate position 
description existed for the Insurance Company Examiner II position in the Foreign Unit at issue in this contested 
case. Through an oversight, the position description had last been updated in 1985 and reflected a great deal 
more responsibility in the area of computer programming than was required at the time the vacancy was posted 
in February, 1995. (T Vol. I pp. 163-65; P. Exh. #2) 

22. The Performance Management Form for Mr. Marwan Zabaneh for the period from July 1, 1995 to June 30, 
1996 accurately describes the primary duties, responsibilities and performance characteristics associated with the 
Insurance Company Examiner II position. (T Vol. II p. 6; R. Exh. #5) 

23. Petitioner applied for the vacant Insurance Company Examiner II position on or about February 14, 1995. (T 
Vol. I pp. 14, 162; P. Exh. #1; R. Exh. #12) 

24. Mr. Marwan Zabaneh applied for the vacant Insurance Company Examiner II position on or about February 20, 
1995. (T Vol. I p. 163; R. Exh. #29) 

25. At the time he applied for the Insurance Company Examiner II position in the Foreign Unit, Mr. Zabaneh was a 
career state employee with at least five continuous years of state service. He was employed as an Insurance 
Company Examiner I in the Field Audit Section of the financial Evaluation Division. He has a B.S. degree in 
accounting from the University of North Carolina at Greensboro and is a certified public accountant and an 
accredited financial examiner. (R. Exh. #-28, 32, 33, 34, 35, 36, 37, 42, 47) 

26. Despite the fact that Mr. Zabaneh was classified as an Examiner I in the Field Audit Section, the latest job 
description available for that position does not accurately describe his duties because he had assumed additional 
responsibilities and was in fact functioning as an examiner in charge, which ordinarily is classified as an 
Examiner II. (T Vol. H pp. 42-43; R. Exh. #9) 

27. Prior experience in the Field Audit Section of the Financial Evaluation Division is relevant to successful 
functioning as an Insurance Company Examiner II in the Foreign Unit of the Financial Compliance Section of 
the Financial Evaluation Division. (T Vol. II pp. 43-45; R. Exh. #3) 

28. Mr. Zabaneh worked directly under Mr. Martinez' supervision in 1992, 1993 and 1994 in connection with the 
liquidation of an insurance company. Based upon this experience, Mr. Martinez was very favorably impressed 
with Mr. Zabaneh's administrative and analytical skills. (T Vol. U pp. 49-53) 

29. During the course of his employment, Mr. Zabaneh has received performance ratings ranging from good to 
outstanding. He, like the Petitioner, received regular performance-based salary increases. (T Vol. II pp. 79-80; 



436 NORTH CAROLINA REGISTER July I, 1996 11:7 



CONTESTED CASE DECISIONS 



R. Exh. #30-55) 

30. During the period from March 9, 1995 through March 15, 1995, Terry Wade interviewed seven applicants for 
the vacant Insurance Company Examiner II position in the Foreign Unit, including Petitioner, Mr. Zabaneh, and 
Thomas Wilkins. (T Vol. I pp. 102, 158, 172; T Vol. H p. 18; R. Exh. #11) 

31. The ordinary procedure followed in filling a posted vacancy is for the immediate supervisor of the vacant 
position to conduct interviews, either alone or jointly with his or her immediate superior, and then to make to 
the immediate superior a recommendation as to which candidate should be selected. The recommendation, if 
approved, then passes up the chain of command. The Commissioner of Insurance ultimately is responsible for 
approving hiring recommendations. In accordance with the requirements of the Office of State Personnel, an 
Affirmative Action Program Applicant Selection/ Rejection Data Form is prepared to provide information 
regarding the names, gender, race, handicap status, veterans preference status, and current state employment 
status of each applicant. It also provides information concerning whether or not the applicant was 
interviewed and the reasons for each applicant's selection or rejection. The form is signed by the immediate 
supervisor, the appropriate senior deputy, the DOI EEO officer, and the Commissioner. (T Vol. I pp. 172; T 
Vol. H pp. 33-34, 70, 95) 

32. Following completion of the candidate interviews, Mr. Wade recommended to Mr. Martinez that Marwan 
Zabaneh be selected to fill the vacant Insurance Company Examiner II position in the Foreign Unit. Mr. 
Martinez approved this recommendation. Appropriate approvals were obtained from Senior Deputy Alex 
Spencer, EEO Officer Sherry White, and Commissioner James Long. Effective May 1, 1995, Mr. Zabaneh 
was promoted to Insurance Company Examiner II, position number 3905-0100-0000- 328, at pay grade 76 with 
a ten percent salary increase. (T Vol. I pp. 29, 158, 172; T Vol. H p. 32-35; P. Exh. #5 and 6; R. Exh. #1, 2, 
11, 28) 

33. Mr. Zabaneh was born on October 29, 1968. At the time he was promoted, he was 27 years of age. (R. Exh. 
#28, 33) 

34. Petitioner met the minimum necessary requirements for the Insurance Company Examiner II position at issue in 
this contested case. (T Vol. I pp. 17-18, 64, 125-26; P. Exh. #1; R. Exh. #3, 11-12, 18-27) 

35. Mr. Zabaneh met the minimum necessary requirements for the Insurance Company Examiner II position at issue 
in this contested case. (T Vol. I pp. 42-45, 49-53; R. Exh. #3, 11, 30, 32-55) 

36. Mr. Zabaneh was chosen to fill the Insurance Company Examiner II position at issue in this contested case 
because he was believed to have the best decision-making, analytical and computer skills of the candidates 
interviewed. He also had extensive experience in company receivership activities. (R. Exh. #11) Petitioner's 
age was not considered. 

37. In a letter dated May 17, 1995, Mr. Wade notified the Petitioner that another individual- had been selected to fill 
the vacant Insurance Company Examiner II position at issue in this contested case. (T Vol. I p. 19; T. Vol. II 
p. 67; P. Exh. #3; R. Exh. #13) 

38. Petitioner, Mr. Wilkins, Mr. Tyndall, and Ms. Hartsfield questioned Mr. Zabaneh's selection but did not bring 
their concerns regarding Mr. Zabaneh's performance or competence to Mr. Martinez' attention prior to the 
contested case hearing in this matter. All of these individuals work in the Financial Evaluation Division, for 
which Mr. Martinez is responsible. (T Vol. II pp. 38, 62) 

39. Since Mr. Wade's leave of absence commenced in September of 1995, Mr. Martinez has divided responsibility 
for the operations of the Financial Compliance Section between Mr. Zabaneh and a second individual. Mr. 
Zabaneh now reports directly to Mr. Martinez. He has assumed responsibility for all matters relating to foreign 
insurance companies that Mr. Wade formerly handled as chief financial analyst and head of the Financial 
Compliance Section. These duties are in addition to Mr. Zabaneh's existing responsibilities as immediate 
supervisor of the Foreign Unit. (T Vol. U pp. 59-60) 

40. Mr. Martinez has observed nothing that would lead him to believe that there were problems with Mr. Zabaneh's 



11:7 NORTH CAROLINA REGISTER July 1, 1996 437 



COXTESTED CASE DECISIOS'S 



performance as supervisor of the Foreign Unit. He considers Mr. Zabaneh's performance in that capacity to be 
excellent. (T Vol. II pp. 60. 62. 79-80) 

41. During the five year period preceding July, 1995. five individuals were hired at or above pay grade 76 in the 
Field Audit Section, which is under Mr. Martinez' control as Deputy Commissioner in charge of the Financial 
Evaluation Division. Three of these five individuals were over the age of forty. (T Vol. II pp. 85-86; R. Exh 
59) 

42. During the five year period from May. 1990 to May, 1995, the Respondent promoted twenty-four individuals to 
positions at or above pay grade 76. Fourteen of these twenty-four individuals were forty years of age or older. 
(T Vol. n pp. 86-87; R. Exh. 60) 

CONCLUSIONS OF LAW 

1. Petitioner has the burden of proof to show by a preponderance of the evidence that the Respondent did not 
promote him to the position of Insurance Company Examiner II because of intentional age discrimination. The 
ultimate burden of persuasion remains with the Petitioner at all times. St^ Marv ' s Honor Center v. Hicks . 113 
S.Ct. 2742, 2746-56(1993). 

2. In order to establish a prima facie case of age discrimination, the Petitioner must establish that he (i) was forty 
years of age or older, (ii) applied for the position, (iii) was qualified for the position, (iv) was denied the 
promotion, and (v) a younger person was awarded the position. Establishment of a prima facie case creates a 
presumption that the employer unlawfully discriminated against the employee. See St^ Mary's Honor Center, 
113 S.Ct. at 2747. 



3. Petitioner has made out a prima facie case of age discrimination. 

4. Once the Petitioner has established a prima facie case of age discrimination, the burden of production shifts to 
the Respondent to come forward with evidence of a legitimate nondiscriminatory reason for not awarding the 
position to the Petitioner. If the Respondent meets its burden of production, the presumption raised by the 
Petitioner's prima facie case is rebutted. 

5. The Respondent has rebutted the prima facie case of intentional age discrimination by offering competent and 
admissible evidence that the individuals responsible for making the promotion decision at issue believed that Mr 
Zabaneh was the most desirable candidate owing to his decision-making, analytical and computer skills, and his 
comprehensive experience in insurance company receivership activities. 

6. When an the Respondent has rebutted the Petitioner's prima facie case, the Petitioner may still meet his ultimate 
burden of persuasion by offering evidence (or relying on the evidence offered to establish a prima facie case) 
that the Respondent's proffered legitimate nondiscriminatory reasons were in fact pretextual and that the 
employer was motivated by a discriminatory animus in making the promotion decision at issue. The trier o 
fact's disbelief of, or disagreement with, the Respondent's proffered reasons may permit, but does not compel, 
the conclusion that the Respondent acted on the basis of a discriminatory intent. See St^ Mary's Honor Centei 
y^ Hicks , 113 S.Ct. at 2749-56. 

7. The Petitioner attempted to establish that the Respondent's reasons for choosing Mr. Zabaneh rather than hin 
for promotion were pretextual by relying on his own testimony and that of others that Mr. Zabaneh was not as 
qualified as the Petitioner. The evidence admitted in this case, however, establishes that Mr. Zabaneh met the 
minimum necessary qualifications for the Insurance Company Examiner II position. 

8. Respondent has introduced evidence showing that it promoted Petitioner on one prior occasion in 1987 after he 
reached the age of forty and that the majority of the promotions to positions at or above pay grade 76 between 
May, 1990 and May, 1995 were awarded to persons forty years of age or older. This latter evidence showet 
that the very individuals whose motives the Petitioner has questioned previously have rewarded him with i 
transfer and accompanying pay raise that amounted to a promotion despite the fact that he was within th( 
protected age group at the time. This fact seriously undermines any argument that age-based discriminator) 
animus against the Petitioner was the reason why the promotion at issue was awarded to Mr. Zabaneh. 



438 NORTH CAROLINA REGISTER July 1, 1996 11: 



CONTESTED CASE DECISIONS 



9. Petitioner has failed to establish that the reasons offered for not promoting him to the Insurance Company 
Examiner II position at issue were pretextual. 

10. Petitioner has failed to prove by a preponderance of the evidence that the failure to promote him to the 
Insurance Company Examiner II position case was motivated by intentional age discrimination. The Petitioner 
failed to prove that but for his age, he would have received the promotion. 

RECOMMENDED DECISION 

It is recommended that the decision of the Respondent to promote Mr. Zabaneh to the position of Insurance 
Company Examiner II, position number 3905-0100-0000-328, in the Foreign Unit of the Financial Compliance Section 
of the Financial Evaluation Division be left undisturbed. 

NOTICE 

The final decision in this contested case will be made by the State Personnel Commission. The parties have the 
right to file exceptions to this recommended decision and to present written arguments to this agency. The agency will 
mail a copy of the final decision to the parties, the attorneys of record and the Office of Administrative Hearings. 

This the 6th day of June, 1996. 



Robert Roosevelt Reilly, Jr. 
Administrative Law Judge 



11:7 NORTH CAROLINA REGISTER July 1, 1996 439 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the 
North Carolina executive branch of government has been assigned a title number. Titles are further broken 
down into chapters which shall be numerical in order. Tfie other nvo , subchapters and sections are optional 
subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLLNA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


i: 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


♦21 


Occupational Licensing Boards 


Nursing 


36 


-*>1 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



440 



NORTH CAROLINA REGISTER 



July 1, 1996 



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Ov = 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



ESCRIPTION 



CODE 



ONE-TIME 


PURCHASE 


PRICE 


S63.00 


$21.00 


$17.50 


$98.00 


$28.00 


$21.00 


$21.00 


$21.00 


$21.00 



ANNUAL 


SUBSCRIPTION 


PRICE 


$90.00 


$30.00 


$25.00 


$140.00 


$40.00 


$30.00 


$30.00 


$30.00 


$30.00 



itie 1 - Dept. of Administration - Full Tide 

ivision of Purchase & Contract 
ideral Block Grant Funds 

itie 2 - Dept. of Agriculture - Full Tide 

jod & Drug Protection Division 
tructural Pest Control Committee 
gricultural Markets 
lant Industry 
nimal Industry 

ide 3 - Dept. of State Auditor - Full Tide 

ide 4 - Dept. of Commerce - Full Tide 

Icoholic Beverage Control Commission 

anking Commission 

redit Union Division 

avings & Loan Division 

ldustrial Commission/Workers Compensation 

avings Institutions Division 

ide 5 - Dept. of Corrections - Full Title 

ivision of Prisons 

ide 6 - Council of State - Full Title 

ide 7 - Dept. of Cultural Resources - Full Tide 

ide 8 - State Board of Elections - Full Tide 



201 00 00 

201 10 05 

201 10 33 

202 00 00 

202 15 09 
202 1 5 34 
202 15 43 
202 15 48 

202 15 52 

203 00 00 

204 00 00 

204 15 02 
204 15 03 
204 15 06 
204 15 09 
204 15 10 

204 15 16 

205 00 00 

205 15 02 

206 00 00 

207 00 00 

208 00 00 



$7.00 



$87.50 


$12.00 


$24.50 


$14.00 


$14.00 


$14.00 


$24.50 


$56.00 


$24.50 


$21.00 


$21.00 



$7.00 



$10.00 

$125.00 

$40.00 
$35.00 
$20.00 
$20.00 
$20.00 
$35.00 

$80.00 

$35.00 

$30.00 
$30.00 
$10.00 



ide 9 - Offices of the Governor & Lt. Governor - Full Tide 



209 00 00 



$31.50 



$45.00 



itie 10 - Dept. of Human Resources - Full Title 

censing of Health Facilities 

etention Facilities 

lental Health & Rehabilitation Services 

ocial Services 

hildren Services/Day Care 

ervices for the Aging 

ervices for the Blind 

ervices for the Deaf & Hard of Hearing 

mployment Opportunities 

itie 1 1 - Dept. of Insurance - Full Title 

isurance 

onsumer Services 

re & Rescue Services 

gent Services 

ngineering & Building Codes 

itie 12 - Dept. of Justice - Full Title 

rivate Protective Services 

olice & Sheriff's Education & Training Standards 
C Alarm Systems Licensing Board 

'ide 13 - Dept. of Labor - Full Tide 

line & Quarry Safety 

eneral Safety/OSHA 
Vage & Hour Rules 
■oiler & Pressure Vessel Safety 

pprenticeship & Training 

levator & Amusement Device Safety 

'rde 14A - Dept. of Crime Control & Public Safety - Full Tide 

Ucohol Law Enforcement 
Victims Compensation Fund 



'itie 15A - Dept. of Environ. 

nvironmental Management 
Mr Quality 
Vater Quality 

and & Waste Management 
rjlid Waste Management 
Jnderground Storage Tanks 



Health. & Nat. Resources - Full Title 



210 00 00 

210 20 10 
210 20 20 
210 20 30 
210 20 40 
210 20 41 
210 20 42 
210 20 43 
210 20 44 

210 20 45 

211 00 00 

211 1001 
211 10 04 
211 10 05 
211 10 06 

211 10 08 

212 00 00 

212 10 07 
212 1009 

212 10 11 

213 00 00 

213 15 06 
213 20 00 
213 15 12 
213 15 13 
213 15 14 

213 15 15 

214 00 00 

214 00 08 

2 1 4 00 11 

215 00 00 

215 1 5 00 
215 15 10 
215 15 20 
215 15 30 
215 15 31 
215 15 32 



$346.50 

$45.50 
$31.50 
$77.00 
$119.00 
$31.50 
$31.50 
$28.00 
$17.50 
$35.00 

$63.00 

$56.00 
$24.50 
$17.50 
$28.00 
$21.00 

$63.00 

$21.00 
$31.50 
$17.50 

$77.00 

$14.00 
$31.50 
$14.00 
$14.00 
$14.00 
$14.00 

$31.50 

$17.50 
$14.00 

$276.50 
$115.50 

$49.00 
$49.00 
$56.00 
$35.00 
$17.50 



$495.00 

$65.00 
$45.00 
$110.00 
$170.00 
$45.00 
$45.00 
$40.00 
$25.00 
$50.00 

$90.00 

$80.00 
$35.00 
$25.00 
$40.00 
$30.00 

$90.00 

$30.00 
$45.00 
$25.00 

$110.00 

$20.00 
$45.00 
$20.00 
$20.00 
$20.00 
$20.00 

$45.00 

$25.00 
$20.00 

$395.00 

$165.00 
$70.00 
$70.00 
$80.00 
$50.00 
$25.00 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


$31.50 


$45.00 


215 25 00 


$105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$50.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 10 06 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 1006 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 10 02 


$28.00 


$40.00 


219 1003 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


226 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$376.00 


$750.00 


266 00 00 




$750.00 


266 60 00 




$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$76.00 


299 90 00 


$16.00 





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Trde 22 - Administrative Procedures Act - Repealed 

Trde 23 - Dept. of Community Colleges - Full Trde 

Trde 24 - Independent Agencies - Full Trde 

Trde 25 - Office of State Personnel - Full Trde 

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